Should my bank be liable for fixing my tire because it was damaged on its property since its parking lot was not properly maintained?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should my bank be liable for fixing my tire because it was damaged on its property since its parking lot was not properly maintained?

We had bad snow early this week. I went to my bank to deposit a check and my van slid in their parking lot and hit the curb and caused damage to my tire.

Asked on December 3, 2015 under Accident Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The bank would only be liable or responsible IF you can show that they were negligent, or unreasonably careless, in how they maintained the lot. That would require showing that they had not plowed/shoveled/etc. their lot to the extent normally expectedor required for commercial parking lots, and that they'd had a reasonable chance to plow it out (e.g. that the snow had ended long enough ago that they reasonably could have plowed the lot out before you entered it). If the lot was plowed as well as other commercial parking lots, and/or the snow was still ongoing, so they not have been expected to have plowed it out yet, they would not be liable. 
Furthermore, even if they were liable (e.g. had not plowed), if you were also negligent or careless, such as by driving too fast for conditions, to the extent you were also at fault, that would reduce what you could recover as compensation.
The only compenation you would be entitled to, even if the bank is liable, is the cost of the damaged tire and any other directly associated costs (e.g. cost to tow, if your car was towed; the tire shop labor cost, if you brought it into a repair shop to remount the tire; etc.). If the bank will not voluntarily pay you, you'd have to sue them for the money; it may not be case that the cost of a tire is worth the time, cost, and effort of a lawsuit.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption