Underground parking lot.

[hailCaeser]

I recently was in downtown Chicago and found myself entering an underground "public parking". The height clearance was 6 foot 4 inches. My whole truck EXCEPT the radio antenna cleared it. About 500 feet in I was passing under an "emergency" garage door and I hear a large thud. There was a valet parking man sitting right there. He didn't say anything at all like warning me. Apparently, the racks on top of my truck sort of opened something that was holding the emergency gates. The parking place claimed that it was broken. And are in the process of contacting my parents insurance since it is her truck. 2 problems. One of the truck kind of cleared the initial maximum height but later struck something inside the garage, am I liable? Second which is a bigger problem. I am not under my moms insurance. I'm only 18 and am terrified that I or my parents might have to pay for the damages.

 

[FlyingRon]

You need to watch where you are going. Just because the clearance at the entreance is 6'4" doesn't mean there aren't low spots. If you are not covered by the insurance you SHOULD NOT HAVE BEEN DRIVING. You will be responsible for both the damage to their car and to the door you struck.

 

[hailCaeser]

I totally understand that I am 100% liable. The last thing I should done was to be driving downtown much less alone. Thankfully nothing happened to the truck. The only thing is maybe a scratch to the rack no more.

 

[LdiJ]

You need to watch where you are going. Just because the clearance at the entreance is 6'4" doesn't mean there aren't low spots. If you are not covered by the insurance you SHOULD NOT HAVE BEEN DRIVING. You will be responsible for both the damage to their car and to the door you struck.

Sorry, but I do not think that I agree. They have clearance bars at the entrance to parking garages for the express purpose of determining whether or not a vehicle is safe to park there. If someone clears the clearance bar, then there should be nothing lower than that at any point in the garage, and if there is, I believe that its the garage that should be liable.

 

[hailCaeser]

Sorry, but I do not think that I agree. They have clearance bars at the entrance to parking garages for the express purpose of determining whether or not a vehicle is safe to park there. If someone clears the clearance bar, then there should be nothing lower than that at any point in the garage, and if there is, I believe that its the garage that should be liable.

I should go to them with a neck brace lol. But in all seriousness my question was whether or not the antenna counts as part of the height of the truck. Also where I hit was about 100 meters in and I had no problem there. Other than with the antenna hitting all the pipes but other the part I hit was the only low part.

 

[FlyingRon]

Sorry, but I do not think that I agree. They have clearance bars at the entrance to parking garages for the express purpose of determining whether or not a vehicle is safe to park there. If someone clears the clearance bar, then there should be nothing lower than that at any point in the garage, and if there is, I believe that its the garage that should be liable.

Chortle. You may believe that but I an guarantee you that is NOT the case. I've driven trucks and vans all up and down the east coast and I can tell you, passing under the clearance bar doesn't mean there isn't some lower obstacle somewhere in the garage.

 

[LdiJ]

Chortle. You may believe that but I an guarantee you that is NOT the case. I've driven trucks and vans all up and down the east coast and I can tell you, passing under the clearance bar doesn't mean there isn't some lower obstacle somewhere in the garage.

Where I disagree with you is that if there is, and damage results, I believe that the garage is the one who is liable. They are the ones who set the clearance bars at the entrance.

 

[Zigner]

Where I disagree with you is that if there is, and damage results, I believe that the garage is the one who is liable. They are the ones who set the clearance bars at the entrance.

That doesn't alleviate the driver from the responsibility of making sure he doesn't run in to stuff.

Do you believe that an illegally parked car is at fault when it gets hit? It's the same concept...

 

[xylene]

If the clearance bar is higher than the actual clearance the liability of for the damages to the garage are 100% on the garage owner / operator. That's there own simple negligence.

The damages to the car? It would seem a lot would depend on the parking contract.

 

[Dave1952]

Not sure I follow this. The "clearance bars" were at the entrance and the OP cleared the entrance. Why do the clearance bars apply to the whole parking deck? Is this a Chicago rule?

 

[Ohiogal]

I should go to them with a neck brace lol. But in all seriousness my question was whether or not the antenna counts as part of the height of the truck. Also where I hit was about 100 meters in and I had no problem there. Other than with the antenna hitting all the pipes but other the part I hit was the only low part.

Yes the antennae is part of the truck. Therefore your truck was too high. Hence you are completely at fault. You were warned about the height issue and you ignored it.

 

[Ohiogal]

Not sure I follow this. The "clearance bars" were at the entrance and the OP cleared the entrance. Why do the clearance bars apply to the whole parking deck? Is this a Chicago rule?

No she didn't clear the entrance. The antenna hit.

The height clearance was 6 foot 4 inches. My whole truck EXCEPT the radio antenna cleared it.

If the antenna did not clear, the truck was too high. She was warned and screwed up. And yes the clearance bars apply to the whole deck. She was warned. She is responsible.

 

[Zigner]

Interestingly enough, I was at a parking garage just last Saturday morning and the "clearance pole" had a notice on it that it was not representative of the clearance in the entire structure and that some sections of the structure have a lower clearance. (I'm paraphrasing, of course.)

 

[tranquility]

The basic duty of the garage is:

Sec. 2. The distinction under the common law between invitees and licensees as to the duty owed by an owner or occupier of any premises to such entrants is abolished.
The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. The duty of reasonable care under the circumstances which an owner or occupier of land owes to such entrants does not include any of the following: a duty to warn of or otherwise take reasonable steps to protect such entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant; a duty to warn of latent defects or dangers or defects or dangers unknown to the owner or occupier of the premises; a duty to warn such entrants of any dangers resulting from misuse by the entrants of the premises or anything affixed to or located on the premises; or a duty to protect such entrants from their own misuse of the premises or anything affixed to or located on the premises.

In other words, pure negligence. But, based on common law duties. In other words, they must warn of known danger that is not patent. (latent) That is why the sign is at the entrance in the first place. To warn people of higher vehicles the exact height of the entrance. As to if it would apply to things inside the garage as well is a matter of facts. General hard to see height limitations like black pipes that run across the ceiling? I'd say they better be higher or the same as the warning at the entrance. A huge air conditioning unit hanging down from the ceiling? Probably not as much.

It would depend on if a reasonable person with similar knowledge and warning would see a danger that is slightly lower and if the damage was done by the antenna the OP knew about or something else.

 

[justalayman]

That doesn't alleviate the driver from the responsibility of making sure he doesn't run in to stuff.

t...

actually on the highway it does. If the sign under a bridge says 13' 9" and your truck is the max allowed of 13' 6" and the truck hits the bridge because 4" of asphalt has been added since the sign was posted, yes, the driver is not liable for the damages.


If the antennae is the only thing that hit the warning bar at the entrance I surely would argue the warning applied to the entire structure. In fact, quite often the warning bar is in an area of much greater height. It is placed for the express purpose of warning the minimum height inside the building.

Part of the problem is that it is a spot measurement. If you are starting on an incline it can cause the effective height to be less as the front of the car lifts but is still passing the measured point at the start of the ramp