Is a commercial property owner liable if something on their property damages my car?

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Is a commercial property owner liable if something on their property damages my car?

It was an unsecured metal gate.

Asked on April 29, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A property owner is not the insurer of visitors to their property. They are only liable if at fault. Fault would typically arise from a negligent, or careless, act of the owner (or its employees or agents). So if an employee of the owner failed to secure the gate and that's why it hit your car, that could make the owner liable. But if the owner did nothing wrong (for example, some third party failed to secure the gate, and the owner was not aware that someone else left it unsecured), they would not be liable.


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