Can I sue my apt complex for the cost of a damaged tire plus negligence?

UPDATED: Oct 1, 2022

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Can I sue my apt complex for the cost of a damaged tire plus negligence?

I ran over a screw in my parking lot. I have photos of the debris that caused it
and another screw i picked up. I also have written correspondence from the
Apartment complex indicating the debris was from a delivery from GE for other
units in the complex. Basically proof the delivery caused the damaged tire.

Asked on February 13, 2018 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the extent and obviousness of the debris. If it was sufficiently obvious that apartment management (e.g. maintenance staff or property management) should have noticed/seen it and removed it but failed to do so, that would very possibly be negligence and support a lawsuit. But if the debris was not obvious to a casual viewer (since they are not required to go out and carefully search the parking lot for debris), then they did nothing wrong in not removing it and are not liable. There must be fault for there to be liability; the fact that this occured in their parking lot does not, without more, make them liable.
Even if they are liable. all you could sue for would be the cost of the tire--the actual loss you suffered. It is not clear if it would be economically worthwhile to sue over that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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