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Flooded parking lot = $3,500

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J

johnatp

Guest
Texas - I was parked at an off-airport parking lot during a stormy weekend and the lot flooded. My car, along with 5 other cars, were submerged. This lot has a history of flooding, and when it is expected to rain, they barricade off certain low lying areas of the lot. I filed a small claims case and their defense is 'Act of God'. However, during the discovery/interrogatory phase, they admitted that the other 5 cars that were flooded had been reimbursed and my car was the only one not paid, for whatever reason. Same flood, same weekend, but evidently 'Act of God' does not apply to the other cars. Also, I have a recording of a phone message left by one of the managers of the lot where he states that the flooding of the lot has been an ongoing problem. So my defense is that they knew the lot was flooded, but instead of fixing it, they choose to put out the barricades.
I have spent hours and hours trying to find cases where a known problem exisits, where notice of a problem has been given, and that the owner of the premises is liable if there is notice of the problem. Any help would be greatly appreciated. I am the little guy going up against the corporate attorneys and they are drowning me in paperwork. Even the judge told them to back off...this is a small claims case, not an Enron Bankruptcy. So my case goes to a judge trial next month, but I still have no cases to quote and support my argument. HELP !!!!
JOHNATP
 


cookiejar

Junior Member
what happened?

California.

I am facing a similar situation. My car was flooded in parking lot at my work. I want to know how much the company is liable in this kind of situations, so please share what happened to your case.
 

teflon_jones

Senior Member
What does the parking receipt say about the liability of the lot owners in case of damage to your car? Most parking lots have disclaimers that they're not liable for any damage to your car while you're parked there. It's strange that they would have paid for the other cars, if that's in fact true.
 

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