Did the hotel get false security by not having a caution height sign and having me believe by not having a sign that I would be able to fit underneath

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Did the hotel get false security by not having a caution height sign and having me believe by not having a sign that I would be able to fit underneath

I pulled into a hotel to try and get a room. when I pulled underneath the awning it hit the top of my car. There is no sign that told me the height so I believe I could fit. The damage was done to my car and the rafters of the awning only.

Asked on March 26, 2018 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are not liable to you. They did nothing wrong: there is no law obligating or requiring them to put clearance or height signs on awnings, so their failure to do so is not negligent. Rather, you are liable to them, because you drove negligently or carelessly: a driver has to determine whether his/her car can fit under awnings, decks, overpasses, etc., and so in driving into something too law for your car, you were driving carelessly. Liability in cases like this is based on fault: the party which failed to do what it should have done is liable.


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