Is a landlord responsible if an improperly maintained apartment complex parking lot causes a motorcycle to fall into another vehicle?

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Is a landlord responsible if an improperly maintained apartment complex parking lot causes a motorcycle to fall into another vehicle?

On a hot day my motorcycle fell over into another moto when the pavement became soft and would not support its weight. Both vehicles were in moto only parking spots and I tried preventing this by placing something under my kickstand to disperse the load. Designated motorcycle spots usually use concrete to mitigate this. The property manager admitted this was a known problem but claims it is not their responsibility for several reasons: they have a sign on their gates indicating they are not responsible for vehicle damage and the rider is responsible to place a stand support plate. I do not have comprehensive insurance.

Asked on June 14, 2012 under Accident Law, Florida

Answers:

Jonathan Pollard / Pollard LLC

Answered 9 years ago | Contributor

That's a very tough calland a difficult case.  You would have to prove that the complex owners were negligent in failing to use concrete in their motorcycle parking spots.  The fact that the property manager has admitted that they've known about this problem-- that is a fact that cuts in your favor.  On the flip side, they're likely to say that you were contributorily negligent.  You metioned something about a stand support plate--- if this was something you failed to use, or there was something you failed to do, that will make your case even tougher.  If a sign said "Bike Riders Must Do X And We Are Not Responsible for Any Damages" (or something to that effect), that is probably enough to get the landlord hook.


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