If damage was caused by rod sticking up out of a cement bumper in a parking lot, who is responsible?

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If damage was caused by rod sticking up out of a cement bumper in a parking lot, who is responsible?

I pulled into a parking space and did not see that a metal rod was sticking up out

of cement bumper. When backing up it caught my bumper and put a split in it

and pulled part of my bumper off. Who is liable?

Asked on July 3, 2018 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The parking lot's owner may well be liable IF the following are true:
1) Either somone previously reported the issue to them, or they visit/inspect/have staff at the location often enough that it is reasonably likely that they would have become aware of the rod--that is, they need knoweldge of the issue; and also
2) They had sufficient time since they become aware of the problem to have reasonably taken steps to correct or fix it. (If there was insufficient time, they did nothing wrong in not getting it repaired.)
Only if both factors above are true--and can, at need, be prove in court, would they be liable.


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