Is business at fault?

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Is business at fault?

I struck a large landscaping stone with my vehicle in the parking lot of a

business. This was partially obscured by vegetation and was hanging over onto the pavement. The business said it has been hit numerous times and may have been moved through impact of other vehicles.

Asked on March 27, 2018 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they had warning or evidence or notice that the stone was in a dangerous position--as they evidently did, if they know that other customers had previously hit it--but despite having such warning, failed or refused to take a reasonable action (i.e. moving the stone) to prevent harm or damage, then yes, they are most likely liable or responsible. A failure to correct known risks or threats is negligent, or unreasoanbly careless, and generally results in liability.


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