School gate ruined my car door

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School gate ruined my car door

Hi, I picked at parent up at my kids’ school, theres a
gate, its very tight space cars come in and out there
is no one directing traffic, its the tightest squeeze to
get through and while entering, theres a gate to your
right side a wooden gate that sticks out pretty wide
well the gate got stuck to my car door, Im not even
sure what it got stuck on but I couldnt go forward I
couldnt reverse and once I could finally move my car
the car door was badly scraped.

Asked on October 20, 2018 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The school is not liable: it may be a tight space but 1) you voluntarily chose to drive through it, so you took or "assumed" the risk, and when you accept the risk of a potentially risky act, you cannot hold others liable for your choice; 2) the school was not obligated to have anyone directing traffic, and is not liable for not doing something when there was no duty or obligation to do it; and 3) you hit a stationary object, and the person hitting a stationary object is always held to be at fault. For all these reasons, all you can do is submit an insurance claim to your own insurer, if you have collision or comprehensive coverage.


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