Expert: Anne - 10/24/2011

Question
I was attempting leave a parking garage in order for me to make the sharp turn to exit; I had to back up not realizing there was a black/gray short pole with brackets holding cable wire across the rear of the garage.  I backed into this pole a puncture a hole in my bumper.  I reported it to the security team of the garage however they claim no fault.  Within days of this incident I have been suffering with my neck and shoulder which has forced me to go the emergency room on two occasions..  My question is due to the poles being dark color in a dark garage should they assume any liability for the damages.

Answer
Hello Jessica,

Well, this will be very difficult to argue. You could say that is for not foreseeable to have a black pole like that when a vehicle is backing. The big issue is that the driver must ensure that everything is safe before backing up.

You also parked the vehicle so that pole could have been noticed at that time. It is difficult to say if you would prevail but you can always make the argument.

Good Luck
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