Forum Discussion

Diesel_Camper's avatar
Diesel_Camper
Explorer
Nov 08, 2014

Parking lot owner liability

In a separate thread I mentioned that I pulled our 5er into a horizontal sign arm in a parking lot. The damage was a hole in the fiberglass that came into the living area.

In any other situation like this I know it would be all my fault. This sign post was like nothing I have ever seen. It was located in the corner of the lot near the entrance. The horizontal portion stuck out from the main post about 6 or 8 feet and about 10 feet off the ground pointing straight out into the parking lot. The lot is on a corner and I was using it to turn around from one entrance and go out the other. I thought it was a lamp post and never saw the horizontal arm. There was no ballard preventing travel under the arm. I ended up turning the front of our 5er into it and didn't even know what I hit till I got out. Would the parking lot owner share any blame here due to an unusual structure with no protection to keep people from driving under it?
  • Francesca_Knowl's avatar
    Francesca_Knowl
    Explorer
    Nov 08, 2014
    sfpcservice wrote:
    .........The lot is on a corner and I was using it to turn around from one entrance and go out the other......

    Were you patronizing the business that owned the lot, or just using it to turn around in? Not that it likely matters since in both cases you hit a visible, non-moving object. But if you were actually a customer of the business, you might get at least some sympathy from the owner.
  • skipnchar's avatar
    skipnchar
    Explorer
    Nov 08, 2014
    When you venture onto private property you're most likely driving VFR (Visual flight rules) so look around carefully.
  • DutchmenSport's avatar
    DutchmenSport
    Explorer
    Nov 08, 2014
    No. You were the moving object. Can't blame the post because you ran into it.

    Few years ago, I turned off a main highway running through a small town. Looked like a great place to turn around, just go around a triangle shaped set of streets and come out the opposite way I was going. Made the turn off the highway, but the trailer tracked sharper than I expected. Next thing I know the tires of the trailer was stuck over the ditch, trailer was tilted about 45 degrees. Scared the bee-jee-bers out of me. I attempt to back out. Could not. Went forward and just drug it out of the hole. Later I realized I bent the jack and the skid bar. Now ... should I expect the little town to reimburse me for my damage because they left a hole on the side of the road and I was dumb enough to drive right into it on a perfectly clear, sunny day about 2:00 in the afternoon on a week-day with no traffic anywhere? Hum?
  • Diesel_Camper's avatar
    Diesel_Camper
    Explorer
    Nov 08, 2014
    Yeah yeah. It stuck out so far that it made me think of an overpass with no height placard. May you all never encounter such an object.
  • toedtoes's avatar
    toedtoes
    Explorer III
    Nov 08, 2014
    It's not that folks don't sympathize with you, it's that your question asked if the parking lot owners are in any way liable. They aren't.

    You said it yourself "I thought it was a lamp post and never saw the horizontal arm." You failed to see it, you were driving on private property, you had a vehicle with a height that requires consideration before just driving along.

    In addition, if you weren't patronizing any of the businesses connected to the lot, your driving into the parking lot might be construed as illegal trespass.

    I'd chalk this one up to a learning experience and let it go.
  • bfast54's avatar
    bfast54
    Explorer
    Nov 08, 2014
    sorry but I gotta go along with majority on this one

    if you turned into the parking lot it sounds like to turn around then you were using the parking lot completely at your own risk

    and you know technically you might have been trespassing on it

    and your towing a large object and you did not check your surroundings----- so unfortunately the pole is not responsible,,,,, Nor the person that owns it

    sorry

    while going forward there are three directions you have to watch out for (its actually 5 )

    front both sides top and bottom
  • path1's avatar
    path1
    Explorer
    Nov 08, 2014
    Being you hit a fixed object... Did you made sure you didn't damage somebody's private property? I'm sure somebody paid to install them.

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