Is a business responsible for objects left in their parking lot that were not seen and hit?

UPDATED: Oct 1, 2022

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Is a business responsible for objects left in their parking lot that were not seen and hit?

A cross-fit hymn uses a large tire that gym users flip and lift in the parking lot our in
front of the business. My son pulled in to the driveway from the road and the tire
was sitting in the middle of the entrance driveway to a row of business and struck
the tire. Is the business that left the tire in the parking lot responsible for the
damage? 1100

Asked on January 22, 2018 under Business Law, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The business is liable for negligence for leaving the tire in the parking lot.
Negligence is the failure to exercise due care (that degree of care that a reasonable business would have exercised under the same or similar circumstances to prevent foreseeable harm).
Since the business owner has not responded, filing a lawsuit for negligence in small claims court would be your recourse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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