Help, need some advice

[gradof04]

I live in Minnesota, We live in a duplex and pay rent to the land lord. We have a back parking lot with 4 spots, while I was backing up there was a little tree stump about only 6inches wide and 6inches out of the ground. I did not know it was there. While going over the tree stump it caught on to my front bumper and began to pull it off. It made a pretty nice dent and cracked my bumper. Can I get my landlord to pay for the damages to my car? There was leaves covering the stump and it was not visable at all.

 

[racer72]

When you asked your landlord to pay for the damages, what were you told?

 

[ecmst12]

You hit a stationary object. That is YOUR fault, not your landlord's fault. Drivers are expected to be able to avoid hitting objects that are not moving.

 

[gradof04]

Thx for the replies, I never told my landlord. Even if the stump is not clearly visable or marked its still my fault?

 

[ecmst12]

Yes, it's still your fault. Your landlord can't be responsible for falling leaves covering it, and it's not like you don't LIVE there so you wouldn't have had a reason to notice it before.

 

[VeronicaLodge]

i dont know, if the landlord is providing parking on the landlord's property, the landlord should make sure the spaces are free from obstacles?

 

[ecmst12]

The primary person responsible for avoiding stationary objects when driving is the operator of the motor vehicle.

 

[fcobarr]

The OP doesn't state that the stump was in the parking spot or in an area where the car would normally drive. From the description, I wonder if the stump was on the side of the driveway or something like that.

 

[gradof04]

Thanks all again for your replies. The stump is a little off to the side, but sometimes to be able to get out you have to back up in the direction (where the front of the car swings that way) otherwise we couldnt get out.

 

[ecmst12]

And it's STILL the driver's fault. You would certainly be within your rights to ask your landlord to trim the stump down further so it is no longer a hazard, and he may do so, or you could do it yourself, but that still would not make him liable for your failure to avoid an object that was not moving, with your moving vehicle.