What to do regarding damage to my vehicle in private parking lot?

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What to do regarding damage to my vehicle in private parking lot?

I was parking in a spot with a concrete barrier. Unbeknownst to me, the barrier had a rebar post sticking out out it. approximate 2 to 3 inches. When I went to back up it caught the bottom lip of my bumper, causing it to pull off. What I need to know is whether or not the liability is mine or if I seek out property owners for some responsibility?

Asked on March 6, 2019 under Accident Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The property owners may well be liable, since having rebar sticking out of a barrier is an unreasonably dangerous condition, violating property owners' obligation to prevent dangerous conditions; and since it would be hard to see, you would not have been negligent or careless in hitting it. If you sue whomever is responsible for the parking lot, you will have a reasonable chance of winning.


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