car damage as a reult of a neglected pothole in a retail stores parking lot

[addamas]

recently my car recieved some damage as the result of a washedout pothole(measured at 8inches deep). this happened late at night, when preception was not clear.
my problem is this "retail store" are giving me the runaround and passing the buck to thier landlord. I was told that i would have to take this claim to the landlord.
my problem is all i want to get is compensation for the damages...( some people given the oppurtunity would scream personal injury!). i did some personal investigating and found out. the pothole has been there for several months( several employees acknoledge this fact). my question is since this retail store had the knowledge of the pothole for a couple of months aren't they technically responible to handle my claim....because they have had ample amount of time to solve this problem..whether it may be posted signs, barricades, or just plain fix'n it. any info is appreciated, since it is proptery damage...and not persoanl injury, no lawyers will even give me advice. thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by addamas:
recently my car recieved some damage as the result of a washedout pothole(measured at 8inches deep). this happened late at night, when preception was not clear.
my problem is this "retail store" are giving me the runaround and passing the buck to thier landlord. I was told that i would have to take this claim to the landlord.
my problem is all i want to get is compensation for the damages...( some people given the oppurtunity would scream personal injury!). i did some personal investigating and found out. the pothole has been there for several months( several employees acknoledge this fact). my question is since this retail store had the knowledge of the pothole for a couple of months aren't they technically responible to handle my claim....because they have had ample amount of time to solve this problem..whether it may be posted signs, barricades, or just plain fix'n it. any info is appreciated, since it is proptery damage...and not persoanl injury, no lawyers will even give me advice. thanks <HR></BLOCKQUOTE>


My response:

The store is correct. You are talking to the wrong party. You need to communicate with the landlord, not the store.

And, what about your own insurance? If there's damage to your car, you'll want to make a claim under your comprehensive portion of your policy. Then, go after the landlord for your deductible, if any, and your insurance company will go after the landlord for what they paid to you (if they choose to do so).

IAAL


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