What to do if I attended a village festival where overflow parking was in a designated field and my car was damaged by large rocks and stumps?

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What to do if I attended a village festival where overflow parking was in a designated field and my car was damaged by large rocks and stumps?

After talking to the village, they are refusing to cover the damage caused to my oil pan, leaving me car-less.

Asked on August 26, 2013 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately ou most likely do not have a legal claim. When you drove into the overflow lot, it would have been obvious to you that it was a field; therefore, by choosing to drive into an park in an unpaid field, you could be deemed to have "assumed the risk"--or accepted the chance--of damage due to the field's condition. (After all, you could have declined to park there--either not attended the festival; or parked on nearby street and walked; parked further away and taken a bus or a cab; etc.) Assumption of risk generally acts as a bar to seeking compensation, because it represents your own fault, and parties may not collect for their own fault.


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