What is the legal responsibility of a business for damages occuring on it’s property?
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What is the legal responsibility of a business for damages occuring on it’s property?
I went to visit a co-worker at a local hotel owned by a well known national hotel firm. On the day I went, I parked in a designated parking lot that had a sign posted stating, “Not responsible for accidents to any vehicles on parking lot property”. Unfortunately, the hotel parking lot had a piece of metal protruding from the ground and being that it was dark, with no overhead lighting, I ran over the metal piece and sustained damage to my tire. The tire wall was damaged and thus, the tire had to be replaced. I appealed to the management but was declined any monetary refund.
Asked on November 1, 2010 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A business generally cannot disclaim its responsibility for its own deliberate or negligent acts, though it can disclaim responsibility for the acts of third parties. In this case, the hotel could disclaim responsibility for an accident wherein another vehicle runs into yours--but not for damage caused a piece of metal sticking from the ground owing to its own poor maintenance, or possibly for damage caused by its own failure to provide adequante lighting. You should be able to hold the hotel responsible, but the question then becomes whether it is worthwhile to do so, since if they refuse to pay, you'd have to sue them--which could easily exceed the cost of the tire. If the hotel is owned by a national chain, you might want to try going to the corporate offices if you haven't already and see if they'll given you anything--including some free stays whose value adds up (more or less) to the tire.
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