Is there a legal approach to having a company pay for damages to a car that is parked on their property?

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Is there a legal approach to having a company pay for damages to a car that is parked on their property?

My car has been hit twice in my work’s parking lot and after speaking with human resources I was advised they would not cover it, an that I had to go to my insurance. I did not sign anything at time of employment where I would “park at my own risk” nor are there signs in the parking lot. Would I be able to take the company to court to have them pay?

Asked on December 14, 2010 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Why would the company be responsible? Were you hit by company car or delivery van? There is no need to sign anything saying "park at your own risk"--parking is normally at your own risk UNLESS either (1) the owner of the lot is taking responsibility for the vehicles; (2) a lot or other business employee causes the damage; or (3) there is some way in which the owner of the lot is being careless and that is causing the accidents--e.g. is having 18 wheelers try to navigate a lot too small for them; is not clearning up ice, which causes skids and accidents; etc. Unless there is something by which the company explicitly takes responsibility or is at fault, they would not be liable for the damage.


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