If I slipped and fell in a parking lot and broke a tail light on a car, am I liable for the damages?

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If I slipped and fell in a parking lot and broke a tail light on a car, am I liable for the damages?

It was raining and windy that day. I slipped on the wet parking lot and hit the taillight with a child car seat. I am now going to small claims court for the matter. I thought that negligence had to be proven for me to be liable?

Asked on February 2, 2011 under Accident Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am a bit confused by your question.  I think that the owner of the car is going to go to take you to court so that he or she can prove that you caused the damages, which you did.  I think that he is going to try and prove that you were negligent in some way.  He has to do that in order to collect.  Just like if kids were throwing a ball and it hit your window because they wee negligent in their aim they would have to pay for the damages, correct?  It may be a good idea to see if you can try and settle the matter, unless you want to implead the lot owner for a dangerous condition.  Good luck to you.


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