If I was driving into a parking spot in a parking lot and a door was left open by a parked car and I hit it causing damage to my bumper, whose fault was it?

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If I was driving into a parking spot in a parking lot and a door was left open by a parked car and I hit it causing damage to my bumper, whose fault was it?

The person opened his car door and left it open to get his coffee. He says it is my fault since he was a parked car.

Asked on January 7, 2015 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is most likely your fault, since 1) you hit a stationary vehicle, and generally the person in the moving car is at fault for hitting a non-moving one; and 2) you say this happened in a parking lot, and it is common for car doors to be open in a parking lot--drivers are reasonably expected to look out for them, so the failure to do so would be negligence, or unreasonable carelessness.


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