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$3000+ Property damage...can i sue? New York

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  • firefighter120
    started a topic $3000+ Property damage...can i sue? New York

    $3000+ Property damage...can i sue? New York

    It was 0635 on 12/16/09, It was 23 degrees out, i'm approaching my employers parking lot, (the business is a 24/7, 365 days, security monitoring company), i see that the parking lot is not plowed, and it glistened with ice particles. I slowly (abt 10mph) make the right into the parking lot, hit a patch of ice, couldn't recover, and the front drivers tire ended up hitting the curb at an angle where it broke over $3000 worth of damages, my speedometer was reading just below 15mph before impact. I have pics of the ice, my car, the parking lot. I had the PD come down and do a report. The officers were commenting on how slippery the parking lot was. I have co-workers who will do affidavits on the condition of the parking lot. I found out through a co-worker that the management staff had sent an email to the grave shift employees stating that the parking lot was icy for pedestrians and vehicles, yet nothing was done about this. This biz states in their handbook that they remain open 24/7 365 and during inclement weather, and us employees are to get to work ASAP during bad weather. The weather that morning was not horrid at all. just a messy parking lot. My insurance will not over it b/c somehow the online collision box decided to reset its self. Can i go after my employers for the cost of damage to my car, the few hours that i missed at work, and the cost of the rental vehicle? Today when i pulled into the parking lot, the whole parking lot was plowed and the entrance where i slid was free of all ice and snow. I can sue these guys in small claims, no?

  • Scott67
    replied
    Your challenge is to prove to the satisfaction of the court that the condition of the parking lot was the major cause of the accident that in some way is more important to causing the accident than your decision to drive into the parking lot having observed before entering that it would be hazardous to do so. I don't know how I would do that, but that is what it would take to win your case.

    Alternatively, given you indicate you don't really care if you lose your job and that also that as these things go, $3,000 is a relatively small amount of money, sending your company a demand letter for the $3,000 stating the condition of the parking lot as the cause of the accident without mentioning that you observed the hazard before entering may cause their insurance company to settle with you without the need to prove your case in court. They may want to negotiate - and you could meet them somewhere in the middle, as you indicate would be acceptable to you.

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  • firefighter120
    replied
    Well I agree that its not in the best interest as an employee, but given that im a medic, i can work for some ambulance. Right now i just need to figure out how to pay for this. It seems only fair that at min. they pay 50/50. Idk, just doesn't seem right that an emergency biz., knowing and stating that they will be open during any kind of weather, wouldn't keep their parking lot clean. Regardless.

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  • Betty3
    replied
    Right & it may not be too good of an idea to go after your employer while still working there.

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  • Marketeer
    replied
    Not to mention that, by your own admission, you saw that the lot was unplowed and proceeded ahead anyway.

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  • Betty3
    replied
    Anyone can sue anyone else at any time for any thing but that doesn't mean they will win. It might be hard for a business open 24/7 365 days a year to have the parking lot cleared at all times.

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