Do I have any legal recourse for the flooding of my vehicle while it sat in my townhouse parking lot?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have any legal recourse for the flooding of my vehicle while it sat in my townhouse parking lot?
There was a sudden downpour of rain and the parking lot where we are required to park, flooded. My understanding from the neighbors, is that this occurs often. I was not home at the time, or I would have moved my vehicle. The drainage for this area does not look up to par. I do not see any drainage grates, just a pipe. What can I do? Who can I call?
Asked on September 8, 2012 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You do not have any recourse. There is no legal obligation requiring a parking lot to have drainage, so there is no liability incurred by not having it. Also, as you note, it was a sudden, and presumably hard, downpour: property owners, HOAs, etc. are not liable for damage caused by weather unless their construction was not code compliant or otherwise negligent (unreasonably careless), but in the absence of a duty to provide drainage for a parking lot, you would not be able to show this.
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 AttorneyPages.com 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.