What is the legal responsibility of a business for damages occuring on it’s property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the legal responsibility of a business for damages occuring on it’s property?

I went to visit a co-worker at a local hotel owned by a well known national hotel firm. On the day I went, I parked in a designated parking lot that had a sign posted stating, “Not responsible for accidents to any vehicles on parking lot property”. Unfortunately, the hotel parking lot had a piece of metal protruding from the ground and being that it was dark, with no overhead lighting, I ran over the metal piece and sustained damage to my tire. The tire wall was damaged and thus, the tire had to be replaced. I appealed to the management but was declined any monetary refund.

Asked on November 1, 2010 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A business generally cannot disclaim its responsibility for its own deliberate or negligent acts, though it can disclaim responsibility for the acts of third parties. In this case, the hotel could disclaim responsibility for an accident wherein another vehicle runs into yours--but not for damage caused a piece of metal sticking from the ground owing to its own poor maintenance, or possibly for damage caused by its own failure to provide adequante lighting. You should be able to hold the hotel responsible, but the question then becomes whether it is worthwhile to do so, since if they refuse to pay, you'd have to sue them--which could easily exceed the cost of the tire. If the hotel is owned by a national chain, you might want to try going to the corporate offices if you haven't already and see if they'll given you anything--including some free stays whose value adds up (more or less) to the tire.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption