Vehicle Damage: Office Parking Lot

[jeff_js]

I'll try to make this quick:

Been at my company for 6 years, just recently had to park in a different area of our parking lot. After a few weeks, someone pointed out that the tree I was parking under was a mahogany tree. Huge seeds (?) fall from this type of tree and has caused damage to my jeep (10 dents or so).

My employer's corporate counsel says: not responsible, landlord is - lease states property manager maintains all common areas.

Property manager says: not responsible, act of god.

My insurance agent will cover damage, after $500 deductable and possible rate increase.

Employer has heard this complaint before me, and after mean - same damage to other's vehicles. I feel they are somewhat negligent for not posting a warning sign or internal memo.

Who's responsible? And how do you get someone to pay-up without a small claims lawsuit??


What do you think?

PS I'm in Florida, if that makes a difference.

Jeff

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by jeff_js:
I'll try to make this quick:

Been at my company for 6 years, just recently had to park in a different area of our parking lot. After a few weeks, someone pointed out that the tree I was parking under was a mahogany tree. Huge seeds (?) fall from this type of tree and has caused damage to my jeep (10 dents or so).

My employer's corporate counsel says: not responsible, landlord is - lease states property manager maintains all common areas.

Property manager says: not responsible, act of god.

My insurance agent will cover damage, after $500 deductable and possible rate increase.

Employer has heard this complaint before me, and after mean - same damage to other's vehicles. I feel they are somewhat negligent for not posting a warning sign or internal memo.

Who's responsible? And how do you get someone to pay-up without a small claims lawsuit??


What do you think?

PS I'm in Florida, if that makes a difference.

Jeff<HR></BLOCKQUOTE>


My response:

I'll make this quicker. Owner of property is correct. There is no legal requirement to warn of natural occurrances on private property.

IAAL


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[jeff_js]

Thanks for your input. Maybe I'll just suffer with the damage and hope it's not noticed when I turn in the leased jeep.

Thanks again.

Note: in my original message, I tried to say that there has been damage claims before mine and after mine.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by jeff_js:
Thanks for your input. Maybe I'll just suffer with the damage and hope it's not noticed when I turn in the leased jeep.

Thanks again.

Note: in my original message, I tried to say that there has been damage claims before mine and after mine.<HR></BLOCKQUOTE>

My response:

I read that. In this case, "Notice" of previous "events" is of no value or help to you - there is no duty to warn of natural occurrances. This is private property, and going on the property is by "license" only (e.g., you are entitled to a space to park). The property owner is not an insurer of the safety or security of your car, or responsible in any other fashion. Only grants a space. Finito, end of subject, that's all folks.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 28, 2000).]