Legal Question in Personal Injury in California
I entered a condo complex that had posted "residents only". I followed a car in which is common practice in my area of California (I am a realtor). I had an invitation to a home in the complex. A wood bar crashed down on my car causing damage to both my car and their fence. The condo association claims I am responsible for paying for the damage to their fence but my position is that they knowingly caused my car harm so they should pay for the damage to my car. Who is correct?
4 Answers from Attorneys
Based upon your factual situation, it is likely you would be found at fault. The Association would have the right to have the bar come down after every car to only allow in those cars with the right of access.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
I agree with Steve Kuhn. You would likely have assumed the risk of getting damaged, since you knew from many prior experiences that you have to hurry through, or you will get dinged.
It depends on whether the gate was operating properly.I would have to have more facts before the question can be answered.
Given the facts you will likely to be determined at fault and your insurance company should pay if you have insurance which I hope you do.
Good luck
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