Is a commercial property owner liable if something on their property damages my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a commercial property owner liable if something on their property damages my car?
It was an unsecured metal gate.
Asked on April 29, 2015 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A property owner is not the insurer of visitors to their property. They are only liable if at fault. Fault would typically arise from a negligent, or careless, act of the owner (or its employees or agents). So if an employee of the owner failed to secure the gate and that's why it hit your car, that could make the owner liable. But if the owner did nothing wrong (for example, some third party failed to secure the gate, and the owner was not aware that someone else left it unsecured), they would not be liable.
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.