If I was driving in a mall parking lot and hit a metal object that punctured my tire, who is responsible?

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If I was driving in a mall parking lot and hit a metal object that punctured my tire, who is responsible?

My right front tire is punctured and gone flat later. Is the mall or management held responsible for this incident or is it purely just the case of accident? Can I get compensation for fixing/replacing the tire?

Asked on December 26, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The mall or management would only be responsible if they were at fault in some way. To be at fault means that they either were the ones who put the metal object there, or there were aware of (and therefore that it posed a hazard) but, even though they knew of the hazard, failed or refused to do anything about it. If there were not at fault, they would not be responsible, or liable, for your costs. Even if they were responsible, if they will not voluntarily pay, to recover money, you'd have to sue them and (i.e. prove that they were at fault in court).


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