No Height Sign In Apartment Building Parking Area.

[TeteYoshi]

What is the name of your state (only U.S. law)? Hawaii

I been managing an Apartment Building for a few years now and recently had a tenants guest hit the upper area of our parking structure. It does say private parking and tenant parking only in which we tell all our tenants to make sure their vehicle will clear that one particular area. We do not have a sign with the height requirements being it is a private area. The tenants guest is wanting to sue us for that reason. He did drive his vehicle half-way through the lowered area and kept going because he thought he was clear, but the rack in the back of his truck didnt make it and broke off. We don't have a sign which I know is not good but he was in an area that say private parking and he did go half-way through before the accident happened. Any advice would be appreciated!

 

[adjusterjack]

The tenants guest is wanting to sue us for that reason.

There is no "wanting" to sue there is only sue or not sue.

If you haven't been served a summons and complaint you are free to say no.

Or, turn the incident over to your commercial liability insurance company and let them handle the claimant.

That's what your employer pays insurance premiums for.

Should have done that at the getgo.

 

[FlyingRon]

I'm not seeing anything in state law or the county codes that require clearance heights to be posted. No case law in your state either. He's obliged to watch his clearances.

 

[TeteYoshi]

Thank-you for the feedback, yeah that is one of the unfortunate thing about my situation is I was just handed this position with no guidance or training. I should have contacted our insurance company and let them handle this but it just happened the day I posted this information. I appreciate the time any one has took to give me some guidance.

 

[Zigner]

Have you contacted the insurance company? They will defend you - that's what they're paid for.

 

[TeteYoshi]

I'm not seeing anything in state law or the county codes that require clearance heights to be posted. No case law in your state either. He's obliged to watch his clearances.

Where do I find information as such that you looked into?

 

[TeteYoshi]

Have you contacted the insurance company? They will defend you - that's what they're paid for.

I haven't yet, I contacted the owner of the property to do so.

 

[Zigner]

Where do I find information as such that you looked into?

You really don't need to look in to anything - your company pays for insurance. Let the professionals handle it.

 

[TeteYoshi]

You really don't need to look in to anything - your company pays for insurance. Let the professionals handle it.

Definitely make sense, thank-you!