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08-18-2009, 10:19 AM
| | Junior Member | | Join Date: Aug 2009
Posts: 1
| | | Spoiler Damage
What is the name of your state (only U.S. law)?
South Carolina. I recently pulled into A Popeye's Restaurant in which the height of the unmarked curb was above 6 inches and damaged my spolier. Is Popeye's responsible for this damaged. |
08-18-2009, 10:26 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by dblakely2  What is the name of your state (only U.S. law)?
South Carolina. I recently pulled into A Popeye's Restaurant in which the height of the unmarked curb was above 6 inches and damaged my spolier. Is Popeye's responsible for this damaged. | You mean you ran in to a stationary object and think it's somebody elses fault?
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08-18-2009, 10:34 AM
| | Senior Member | | Join Date: May 2006 Location: I dunno. What time is it?
Posts: 1,348
| | Quote:
Originally Posted by dblakely2 What is the name of your state (only U.S. law)?
South Carolina. I recently pulled into A Popeye's Restaurant in which the height of the unmarked curb was above 6 inches and damaged my spolier. Is Popeye's responsible for this damaged. | If you can find that there is a statute or ordinance in place limiting curb heights to prevent damage to automobiles, you may be able to recover.
Otherwise, you simply hit a stationary object.
You can always boycott Popeye's. |
08-18-2009, 10:42 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
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Originally Posted by Stevef If you can find that there is a statute or ordinance in place limiting curb heights to prevent damage to automobiles, you may be able to recover.
Otherwise, you simply hit a stationary object.
You can always boycott Popeye's. |
Steve - even if there WERE such a statute, it still doesn't change the fact that he hit a stationary object.
Think of an illegally parked vehicle...even though it's parked illegally, that doesn't shift the responsibility for the accident.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
08-18-2009, 10:58 AM
| | Senior Member | | Join Date: May 2006 Location: I dunno. What time is it?
Posts: 1,348
| | Quote:
Originally Posted by Zigner Steve - even if there WERE such a statute, it still doesn't change the fact that he hit a stationary object.
Think of an illegally parked vehicle...even though it's parked illegally, that doesn't shift the responsibility for the accident. | Hence the requirement for the intent of the statute to prevent damage to vehicles. If one can prove that the statute was violated, and the injured party is a member of the class the statute was meant to protect, it is considered negligence per se. |
08-18-2009, 11:05 AM
| | Member | | Join Date: Jul 2008 Location: Highline Skyway
Posts: 515
| | | I always thought the spoiler was on top of the car. Am I missing something?
__________________ Is it quiet, yet? |
08-18-2009, 11:18 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by Alex23 I always thought the spoiler was on top of the car. Am I missing something? | OP's actually referring to an air dam.
__________________ *
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
08-18-2009, 01:20 PM
| | Senior Member | | Join Date: Jul 2009 Location: New York. Long Island.
Posts: 998
| | | Stationary object. Why oh why cant america seem to get a hang of this? |
08-18-2009, 02:01 PM
| | Member | | Join Date: Jul 2008 Location: Highline Skyway
Posts: 515
| | | My car's been slammed so that it's only a few inches off the ground. Can I sue every time I get beached on a traffic hump?
__________________ Is it quiet, yet? |
08-18-2009, 04:32 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,585
| | | Actually, if the hump was "negligently" designed and/or constructed, yes you can. (And since the OP here was just not looking where he was going, this logic is unavailing in his case).
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. |
Last edited by You Are Guilty; 08-18-2009 at 04:32 PM.
Reason: Damn smileys are gone again
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08-18-2009, 04:38 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,858
| | | Whether a curb is negligently designed or not, you're not supposed to DRIVE over a curb. You HAVE to drive over speed humps/bumps if they are in your path, so they need to be designed not to damage vehicles if taken at the proper speed.
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08-18-2009, 05:08 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,585
| | Quote:
Originally Posted by ecmst12 Whether a curb is negligently designed or not, you're not supposed to DRIVE over a curb. | You've clearly not driven much in Manhattan 
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
08-18-2009, 05:10 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by You Are Guilty You've clearly not driven much in Manhattan | "We're gonna need a bigger car"
__________________ *
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
08-18-2009, 05:32 PM
| | Senior Member | | Join Date: Feb 2006 Location: Deep East Texas
Posts: 1,260
| | | Just something else to worry about. There were those darn bushes jumping out at Taco Bell and now attack curbs at Popeyes. Is any place safe?
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Originally Posted by dolly09 Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.
Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation." | |
08-18-2009, 09:11 PM
| | Member | | Join Date: Dec 2007
Posts: 37
| | | The SAME THING happened to me!
I was at Taco Bell, and an unmarked tree, clearly not designated as "solid matter", damaged my front-end. | |
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