Can I sue my apt complex for the cost of a damaged tire plus negligence?
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Can I sue my apt complex for the cost of a damaged tire plus negligence?
I ran over a screw in my parking lot. I have photos of the debris that caused it
and another screw i picked up. I also have written correspondence from the
Apartment complex indicating the debris was from a delivery from GE for other
units in the complex. Basically proof the delivery caused the damaged tire.
Asked on February 13, 2018 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on the extent and obviousness of the debris. If it was sufficiently obvious that apartment management (e.g. maintenance staff or property management) should have noticed/seen it and removed it but failed to do so, that would very possibly be negligence and support a lawsuit. But if the debris was not obvious to a casual viewer (since they are not required to go out and carefully search the parking lot for debris), then they did nothing wrong in not removing it and are not liable. There must be fault for there to be liability; the fact that this occured in their parking lot does not, without more, make them liable.
Even if they are liable. all you could sue for would be the cost of the tire--the actual loss you suffered. It is not clear if it would be economically worthwhile to sue over that.
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