<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by phantom:
We live in Illinois. My daughter had went to a youth meeting at church. There are around 40 parking spots and that night there were only 5 or 6 vehicles there. Another teen had pulled in and instead of parking in a space, she pulled up and parked behind my daughter. When my daughter went to leave, she backed into the other girls vehicle. I'm not sure who is at fault since the girl was not in a parking space, and there were no tickets issued. The girl's parents want my daughter to pay for the damage. Is my daughter at fault or are both party's at fault? Any ideas on what I should do?<HR></BLOCKQUOTE>
My response:
This one's exceedingly simple. Sorry, but your daughter is 100% at fault. A car, being stationary, and not parked in a spot, does not mean it's okay to ram into it. Your daughter had a "legal duty" to look, and see, and act accordingly. This is the law of negligence - - duty, breach of duty, damages. Those who look, or fail to look, and don't see, are negligent.
Imagine, if you will, this similar situation: Your daughter is parked at the curb, and then two cars park after her, one in front, the other in back of her, so close to her car bumpers, as to block her car from movement, does that give your daughter the right to start ramming both cars to make room so she can get out?
IAAL
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