Expert: Anne - 12/4/2008

Question
"My daughter pulled into a parking space at a shopping center. She did not notice that the spike that holds the concrete car stop was sticking up about 3 inches. The spike caught her bumper and partially pulled it away from the body. The damage was about 900 dollars. Is the owner of the parking lot liable for not having the spike hammered down all the way?"
The shopping center is in Missouri


Answer
Probably not. An object (with a 3 inches sticking out piece) is there to be seen. The driver has an affirmative duty to not park or move so close to as to cause a situation like yours. The duty usually is on the driver. The parking lot owner has a duty to keep the parking lot open and clear of any debris, however, this duty will only be breach if for example the parking stall was clearly going to lead to damages to you car, in which case some kind of demarcation was probably needed.

Please see:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

for more information about fault and how it would apply to shop owners.

Good Luck
Anne.