Is business at fault?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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