Parking Lot Woes

[curiousnugget]

What is the name of your state? Texas (Dallas Area)

While driving through my apartment parking lot, my driver side front tire dipped into a massive pothole that had rebar sticking out of it. Usually I am able to avoid this, but road conditions and another car did not allow me to avoid it this time. The rebar scratched the bumper down to the plastic, removed the coating from my wheel in a few spots, and scratched the fender as well. I haven't looked under the car yet, but I don't think there is damage there, only outside body panel cosmetic damage. I've emailed the apartment complex about this, but they haven't responded yet. People at my work and home life tell me this is something that THEY (the apt complex) should be fixing, not me or through my insurance. Do I have a leg to stand on in a courtroom if they refuse/continue to ignore me? Is this something they should be fixing?
If it helps the rebar was removed the same day, however the massive pothole (about 4-5' across, 5-6" deep) still remains. "Bigger than Texas" as they say.

I don't drive some sh*tbox, I'm not looking for their money, I take very good care or my car, and it's in excellent condition. I'm the type of person who pays an extra 100$ a month for a garage and inspects their car before driving away when I have to park in parking lots. I just want my car fixed.

Any help and useful input would be greatly appreciated.
Thank you.

 

[sandstone82]

Was the rebar part of the driveway structurally? Sounds like maybe it was a piece of trash that happened to be there?

 

[adjusterjack]

Usually I am able to avoid this

Then you knew it was there and have been able to avoid it in the past.

road conditions and another car did not allow me to avoid it this time

Seems more like your own fault for not taking precautions.

If it helps the rebar was removed the same day,

Correcting a hazard after being notified of it is not an admission of liability.

Do I have a leg to stand on in a courtroom if they refuse/continue to ignore me? Is this something they should be fixing?

Depends.

You knew about the condition for some time. Did you ever report it? Did anybody else? How long ago? Any written evidence of that report?

I think it works against you that you knew it was there, have avoided it in the past, and couldn't control your vehicle to avoid it this time. That's my two cents worth.

You can get an estimate and send a demand for the money and follow up in small claims court if you like. It's anybody's guess how it will turn out.

 

[NeilTheCop]

The rebar scratched your bumper and fender! How long was that piece of rebar?

 

[curiousnugget]

Apologies for the delayed reply. @adjusterjack , I am usually able to avoid the hole. Occasionally I dip into it because it is a very large hole. The rebar has never been there before and appears to be left there by contractors they have working around the complex. The rebar was there for one day only. Was never there before, and hasn't been there since.

@NeilTheCop quite long. I'd estimate over 4', part was curved, hidden to the eye in the hole.

 

[Zigner]

How do you intend to prove that a piece of rebar was in the hole and that it caused the damage to your vehicle?

 

[curiousnugget]

There is still rebar in there, it's just cut down now. I have other tenants and my other half who saw the rebar on the day it was in the hole.

 

[Zigner]

The rebar was there for one day only. Was never there before, and hasn't been there since.

There is still rebar in there, it's just cut down now. I have other tenants and my other half who saw the rebar on the day it was in the hole.

So tell us...which post did you lie in?

 

[justalayman]

Since the rebar was not part of the parking lot construct but detritus from some third party, the management would not be liable for your damages. You need to look for whomever owned the rebar and left it there.

 

[curiousnugget]

Didn't lie. Merely misinformed Went back out to check so I could come back with more informed information. Thanks though. Didn't realize I was being cross examined. Rebar WAS and is part of the concrete. Was exposed when the concrete was worn down/sank in. Dunno which, because I'm not an architect. Moved some gravel in the hole, the rebar is still in there, just cut down so it doesnt poke out from the hole. Turns out, upon further investigation, the debris is not from construstion, but indeed from the lot itself.

 

[Zigner]

Didn't lie. Merely misinformed Went back out to check so I could come back with more informed information. Thanks though. Didn't realize I was being cross examined. Rebar WAS and is part of the concrete. Was exposed when the concrete was worn down/sank in. Dunno which, because I'm not an architect. Moved some gravel in the hole, the rebar is still in there, just cut down so it doesnt poke out from the hole. Turns out, upon further investigation, the debris is not from construstion, but indeed from the lot itself.

How can you show that they knew about it?

 

[curiousnugget]

Can they show they didn't put it there on purpose to mess up people's car??

Other than constant patrol by maintenance personnel, that's a literal impossibility to prove that they knew about it before, i know they knew about it after because I informed them, and they coned off the area.

Does it matter if they knew about it? If I have a parking lot and I dont know about a roof that collapsed, crushing others cars, would I be liable for the crushed cars?

 

[Zigner]

Can they show they didn't put it there on purpose to mess up people's car??

They don't have to.

Other than constant patrol by maintenance personnel, that's a literal impossibility to prove that they knew about it before, i know they knew about it after because I informed them, and they coned off the area.

Imagine that. They actually took steps to prevent damage once they knew about the problem.

Does it matter if they knew about it?

YES

If I have a parking lot and I dont know about a roof that collapsed, crushing others cars, would I be liable for the crushed cars?

It depends on the specific facts of your hypothetical scenario. In some scenarios, no, they wouldn't be liable, and in others they would be.