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Parking Lot California

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  • Parking Lot California

    Yesterday evening at approximately 7pm I entered a gated parking-lot with an attendant who inspected my vehicle, took my parking fee and gave me the required parking pass to park my vehicle. At approximately 11pm there was no attendant but there was an automatic gate that allowed the automobiles to exit. Upon attempting to exit the parking lot the automatic sliding gate opened and I began to exit. However, I had to yield do to the street traffic and upon stopping the gate slammed into the rear quarter panel of my vehicle 2 times simultaneously and was about to do it a 3rd time. As soon as traffic cleared I cleared the gated area and found my vehicle dented and badly scratched. My question is, does the lot have any liability in this case? I was technically not completely out of the lot and the damage happened due to what I believe to be a faulty automatic gate system.

  • #2
    No, they are not liable for your failure to clear the gate arm.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      No it's not liable

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      • #4
        While I do not disagree with the last two answers, you can always try a small court claims action. Those sometimes work even if the law does not technically support the action. Your argument would be something like "I did exactly what the other party expected me to do, and was still damaged".

        I have worked for companies that lost small claim court actions even though we were 100% in the right according to "black letter law".
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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