Expert: Phil Nicols - 11/30/2011

Question
I'm wondering who is responsible for a humongous pothole at the entrance way of a parking lot inside a shopping center?  My car ran over it, and felt my car literally thump down into the pothole.  It has been several days and no sign of repair nor a warning sign.  The way one side of my car sank down, I'm pretty sure that caused my car out of alignment and/or underside damage.  I would like to get my car checked out, but is the person responsible for the pothole also should pay for my car inspection and possibly repair?

Answer
wow. its a good question and after all the years Ive answered questions here, yours is the first thats not really related to real estate in terms of sales or leasing.

Its more of a civil matter. In Civil matters (law) there is NEVER a BLACK and WHITE answer! but I will give it a shot anyway...

technically, Id say its plaza owner's responsibility, however no doubt they defend their position... youve seen the signs in the common areas... sometimes they provide lockers for shoppers you know? and the signs say, "not responsible for lost, stolen or damaged goods".

their other defence is basically, "buyer beware" sort of thing... eg, they did not force you to drive into the pot hole.

so in summary, sure, you could go ahead and try to sue them but retianing a lawyer, goint to court etc, takes time and money... is it worth getting your car fixed? and if you loose, they could also ask for "costs" so youd have to pay thier lawyers tab too.

I ran over a hole like that on the road, going way faster than you would have been going on a parking lot (i hope) Can I sue the city? I guess so... will I "win" ? posisbley. is it worth the time, effort for the "possible reward?"

on the other hand, they must keep insurance on the property.... here in toronto area, there was some glass that was blown off a skyscraper in the downtown core during a wind storm... luckily, no one was hurt, but if they were, this is where insurance has to come in for liability.

its a question you will have to ask yourself .... as Clint Eastwood would say, "Am I feelin Lucky?"

best, Phil