Unless the physical features of the property actually cause the damage (a tree limb falling on your vehicle), the driver would be liable. As far as I know, shrubbery does not fall into this category as the driver would have to actually navigate into it for it to damage their vehicle in which case the driver may in fact be liable for damage to the property (keep in mind I am not a lawyer but do know a bit about parking)....
Who is responsible for my car damage?
YOU!!! You hit a none moving object it isn't the dentist's fault someone left a shopping cart in his parking area. If you look at the shopping cart Walmart has a disclaimer printed on it that says they aren't responsible for the damage to you car caused by their cart. > I could not see it through my back window nor my any of my mirror or blind spots simply due to the way it around a curve. Here let me change that for you, "I could not see the child parked in the stroller through my back window nor my any of my mirror or blind spots simply due to the way it around a curve your honor". How do you think that would go? If you can't see you aren't supposed to drive and if you do any damages they are your fault.
How do I sue Wal-Mart for damage they caused to my vehicle?
The damage was caused as a result of not following service manual specifications during a tire rotation. They do not adhere to torque setting by using an impact gun as well as applying anti-seize lubricant when the manual specifically calls out Dry torque (un-lubed). Adding anti-seize reduces friction and by staying with their same torque, greatly increases axial load on the lug studs, nuts, and rotor brakes. I was denied a claim by their insurance department and now wish to sue for damages. I am an engineer in the aerospace industry and will be compiling a presentation showing how applying anti-seize is bad. I need to know how to file the law suit (I assume small claims). I have documented damage to the lug studs, but cannot confirm definite damage to the nuts or rotor brakes. Should I get those replaced and include them on my lawsuit? Since writing engineering reports is my job, should I carefully log the time spent compiling the engineering report and include that as another line item for damages I seek? If so, should I seek the hourly rate I make or the hourly rate my company charges for engineering hours? I'm new to this whole suing thing so please be specific if you can. I also would like to know how to report their unsafe vehicle maintenance procedures to the applicable federal agency to try to get Wal-Mart to change their policy of using anti-seize and no torque stick, as this is dangerous for anyone who has wheel work done at Wal-Mart as well as anyone driving near them Thanks for reading this long post and for any helpful responses!!
Technically, mechanics are liable for any damage that they cause to your vehicle. Practically, it’s nearly impossible, outside of some very clear and possibly deliberate action, to prove that anything that happens to your car after you drive it off the lot was caused by their actions. Cars are complicated machines, and break down all the time for any number of reasons — filters work themselves loose, hoses break, gaskets burst. And any number of these completely unrelated things could be pointed to as the cause of any damage you might suffer. Additionally, many mechanics have an explicit waiver that you sign off on when you take your vehicle from them that states that you have inspected the vehicle, agree that the work was completed to your satisfaction, and that you hold the mechanic harmless for any damages subsequent to taking the vehicle from them.Trying to pin mechanical failure on the work of an auto shop is an exceptionally difficult (and often expensive) path to pursue.
Walmart cart corral hit my car. Responsible?
This was last year and i should have found out more about it before but they denied me at first so i gave up. Ok well I had my car parked in a walmart parking lot and then a huge storm came through and blew the huge metal cart corral with a cart still inside onto my car. the two openings were firmly around the front of my car and made two dents there and a bunch of line dents on the front where the cart was. They took pictures and called me back weeks later saying they denied my claim because it was owners descretion whether or not to bolt down those things and the weather wasnt their fault. Is there anything i can do? sue them? ive heard walmart almost always settles out of court bc they dont like bad publicity. What do you think?
Would you sue Walmart-Automotive?
You need more specific information from your mechanic, and a good lawyer - its going to be hard to prove it. Over-revving the engine can and often will cause immediate damage. I did it myself once, and bent all the valves by hitting them with the piston. The car drove like crap after that. However, it depends on whether you have an interference engine, that is, if (under normal operation) the valves extend down past the point where the piston stops at the top of the cylinder. This is the usual way over-revving hurts the engine. The valves can't close fast enough to avoid the piston, and get bent. If your valves cannot touch the piston, then it may be something else, but I can't think of anything obvious that could be caused by over-revving. Check if your car has an electronic rev limiter. If so. then it can't be over-revved. Check this first, as you can't tell the revs just by listening to it from the outside (even professionals can't - that's why race cars still have a tachometer.) Most cars redline between 6,500 and 7,000 rpm, meaning that they are safe up to this point. From outside (particularly if you don't normally rev the engine hard), 5,000 rpm can sound like way too much - but won't hurt anything.
Who is responsible for damage to car in parking lot?
In regards to the hazard and normal liability, I can say that the rebar would be considered a "hazard", indeed. Something that low, with such a lack of visibility, not in a place where one would be expected, could be considered a liability on the part of the owners, if anything could be. If it comes down to whether there was negligence or not, you should win. HOWEVER... I think that parking lots tend to be reasonably immune, considered "park at your own risk" places. So you will have to contact the liability for parking lots in your local area (it will vary from state to state, city to city). If you find that the owner of a lot CAN be held liable for damages (which would include potholes, etc), then you need to find out who owns the lot. Many stores don't own the parking lots, as they lease. Since they gave you the info for the developer, that's what it sounds like. You have to make sure you sue the right party, otherwise you're wasting your time and money. You mentioned having a legal right to park in the spot - that DOES matter, insofar as the "dirty hands" legal concept goes. You can't sue someone, using the legal system, for damage incurred in a place you don't have a legal right to be. Just as if you sold crack to a guy and he promised to pay you, you have no right to sue if he doesn't. Your situation is not nearly as extreme, but it still applies. If you weren't legally entitled to park there, you wouldn't have been able to seek a legal remedy for damage received while parking there. If you do go to court, MAKE SURE you have pics of the rebar, showing how hard it is to see from your car, also a side profile showing how it would hit your bumper. Also bring 3 written estimates for your bumper.
If a leak in my property causes damage to a neighbours property, am i personally liable for any damage?
A property that i own was recently flooded due to a water leak in the loft, which spread into next doors property causing damage to carpets etc.... Our Buildings insurance covers all the damage in our property, but does NOT cover damage to any contents, or damage caused by water leaks into neighboring properties. The neighbor did not have contents insurance on their property, and is now asking us personally to pay for the contents that were damaged by the water ( Carpets and curtains). Can i be held legally responsible for damage caused to their possessions?
Car hit by shopping cart at Walmart?
They are not liable and you are likely to receive a call in the next few days advising you of this. From the website below in the exact same situation that sums up the situation accurately: http://www.laborlawtalk.com/showthread.p... "A parking lot operator, esp. a free one, is usually not considered a "bailor" of your car -- you didn't turn over custody of the car to Wal-Mart when you parked there and ask them to watch over it, which would be a "bailment" (such as when you turn your coat in to the coat-check person at a restaurant, or hand your keys to the valet parking attendant, and get a ticket stub to turn in to retrieve your property). Instead, they just gave you "license" (permission) to use one of their spaces on your own, with you keeping your own keys, and remaining responsible for the property you left there -- same as if you parked it on a public street. Unless you can show, by affirmative evidence, that it was a Wal-Mart employee who actually caused the damage, IMO you're out of luck. Of course, you can still make claim against the person who did cause the damage, but lotsa luck unless they were kind enough to leave a note on your windshield identifying themselves, or unless somebody else saw them do it and left you a note."