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05-26-2005, 01:19 PM
| | Junior Member | | Join Date: May 2005
Posts: 14
| | | Windshield shot out in parking lot
What is the name of your state? L.A., CA
I was parked in a parking structure (owned by a large corporation). I returned to find my window had been shot out by gunshots - the area around my car was taped off as a crime scene.
Do the owners of the parking structure have any liability, and can I recover damages from them? |
05-26-2005, 01:27 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,575
| | Quote: |
Originally Posted by dmrc Do the owners of the parking structure have any liability, | Did they commit the shooting? Quote: |
and can I recover damages from them?
| Depends on the above answer.
__________________ 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. | |
05-26-2005, 01:33 PM
| | Junior Member | | Join Date: May 2005
Posts: 14
| | | not you again
no it was some gangbanger smart ass
these boards are so pro corporate, pro landlord, anti consumer it's ridiculous.
You have no Idea what you are talking about.
Any assumption of risk involved in parking in a parking structure should not extend to, or include damage or injury resulting from the discharge of firearms.
I do have a case! |
05-26-2005, 01:37 PM
| | Member | | Join Date: Apr 2003
Posts: 192
| | Quote: |
Originally Posted by dmrc no it was some gangbanger smart ass
these boards are so pro corporate, pro landlord, anti consumer it's ridiculous.
You have no Idea what you are talking about.
Any assumption of risk involved in parking in a parking structure should not extend to, or include damage or injury resulting from the discharge of firearms.
I do have a case! | If you know that you have a case, then why are you here asking if you can recover damages from the parking structure owners? |
05-26-2005, 01:47 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,348
| | | Any assumption of risk involved in parking in a parking structure should not extend to, or include damage or injury resulting from the discharge of firearms.
I think you are getting the situation backwards. It it your car. You assume 100% of all risks by owning that car. You pay for insurance to mitigate those risks.
You then take the car to a lot and pay for parking. The parking lot management then takes on some of those risks (but as few as possible). Their risks are generally due to Lot employee theft/damage or damage due to negligent upkeep of the lot. The parking lot makes no guarantees that your car will be bulletproof nor that world peace will flourish while you are parked there. |
05-26-2005, 02:08 PM
| | Junior Member | | Join Date: May 2005
Posts: 14
| | | well
I just wanted to verify that the advice I've been getting on these boards is biased crap
Yes the company has liability in this instance - (I did not pay to park there by the way)
The company was extremely eager to pay me off very quickly and have me sign a release of liability - now why would they want to be released from liability if they weren't liable to begin with? |
05-26-2005, 02:18 PM
| | Member | | Join Date: Aug 2004 Location: Atlanta
Posts: 697
| | Maybe they were being nice  |
05-26-2005, 02:56 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,575
| | Oh, so the lot operator contacted you, forwarded a settlement, that you signed and notorized and returned, all in the 49 minutes between your first and last posts? 
God, as much as I hate idiots, I hate liars even more.
__________________ 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. | |
05-26-2005, 03:06 PM
| | Senior Member | | Join Date: Dec 2004 Location: Wait a sec... I will look outside.
Posts: 5,951
| | | You are a real piece of work dmrc... what does that stand for anyway.
Dumb Moron Reviliing Creep
You didn't like the legal advice we gave you on the real estate forum, now you post bogus crap like this here. We don't like liars.
Go away... Scat... go get in your car and duck and cover, it be dangerous in Los Angeles.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."
Sam Spade to Effie Perine.
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05-26-2005, 03:07 PM
| | Junior Member | | Join Date: May 2005
Posts: 14
| | | no
this happened several weeks ago, and has just been resolved as of today - I just wanted to prove a point, that the advice given on this board is very generic and not always the best advice. But hey, you get what you pay for - that's why it's called "free legal advice" - You are (NOT ALWAYS) Guilty  |
05-26-2005, 03:26 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,575
| | | Is it really beyond comprehension that people/businesses don't always act pursuant to their legal rights?
Either way, there's more to this story. What's the missing info - the parking lot is owned by your grandmother?
__________________ 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. | |
05-26-2005, 04:20 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,348
| | | I think that most of the responders were in agreement that, based in the meager set of facts presented, you have no case. But as you found out through this exercide in deception, "You have no case" means you will lose in court before a judge. It doesn't mean that you can't get an out of court settlement because the other party doesn't want to pay for a lawyer and the infinitesimal risk of losing in court |
05-26-2005, 04:54 PM
| | Junior Member | | Join Date: May 2005
Posts: 14
| | | good point
but actually I'm not so sure I would loose in court (and I'm not so sure I would win either) anyone on this board who says "you have no case" without doing any legal research is either a moron, or an egocentric self proclaimed know it all...or both.
In this situation I may have lost before a judge, but believe me this corporation has very deep pockets, and the legal costs they would incur and the bad press would have not been worth it - and they could have potentially lost the case too - so they settled.
Good legal advice would take this into consideration in getting their client the best possible results. Just saying "you have no case" is moronic and myopic. | |
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