josh684 said:
Thanks, I goto a Private School, Now on getting the school to pay do you have any suggestions? When I purchased my Parking Permit, They said that the school did not hold responsibility for damaged/ stolen cars! Could this be a problem? If you could help me on how I go about getting the school to pay please tell me.
I appericate all your help!
Thanks Again
Josh
My response:
Let's begin with the notion that you are not at fault. This type of incident could have easily have happened on a public street - - rocks are constantly being picked up by tires and breaking windshields. Does this mean that you're at fault? No. There must first be negligence. While using the parking lot, your defense will be that you were only doing that which was reasonable under the circumstance; i.e., moving your car and accellerating at a reasonable pace.
Next, let's discuss "assumption of the risk". Since the parking lot is open to all licensees, the other driver also knew of the conditions of the parking lot surface and, by parking there himself, accepted those conditions and all problems reasonably associated with such conditions. As long as you were not doing something "untoward" - - like gunning the engine, and purposefully spinning your drive wheels, the other driver then accepted, and "assumed the risk" that if he parked his car there, loose gravel could be thrown at his car. This is but one reason we all should carry insurance.
Next is the school. Everybody understands that parking lots need to be re-paved now and again. No problem with that. However, the time it takes to make such repairs must be reasonable. For example, it is reasonable that repairs to a 150,000 square foot parking lot should take approximately 2 to 3 weeks to complete. But, it may be entirely unreasonable to leave the parking lot in such unfinished condition for a month or more. The school knows that there is gravel, and knows that paying students need to park there. To allow gravel to remain for more than a reasonable time, while demanding payment for parking, may in fact open the school up to liability despite any disclaimers of liability. Since you are paying, you have a right (as well as the other driver) to have the parking lot in fit repair within a reasonable amount of time. The school must, if it charges, use "due diligence", under the circumstances, to maintain it's property. If it doesn't, the school may also be liable to the other driver.
The school cannot exonerate itself from every condition of its property. As an example, when you accepted the license agreement, the parking lot was fully paved. Under those conditions, the school would be correct. However, you didn't agree to the gravel conditions, which "increased the risk" of damage that the school had caused by leaving the gravel for more than a reasonable period of time. You never agreed to the "increased risk" - - you were compelled to use the parking lot because there was no other choice.
If the other driver sues you (because he refuses to make a claim to his own insurance company), then these are the defenses you'll need to use. Additionally, once served with a Summons and Complaint, immediately obtain and prepare paperwork from the court (assuming you're sued in Small Claims Court) to "cross-complain" against the school.
Good luck, and keep us informed.
IAAL
[Edited by I AM ALWAYS LIABLE on 11-14-2000 at 08:08 PM]
