Legal Question in Civil Litigation in California
auto accident on private property
i struck a ballard that was placed in a public parking lot of bank of america. the bollard was at a 30 degree angle and not at 90 degrees. i contacted b of a and they denyed the claim. i am now preparing a demand letter, however i am unable to find a law that states
a property owner needs to maintain
bollards specifications
1 Answer from Attorneys
Re: auto accident on private property
It might just be covered under the general negligence statute that, in essence, no one should cause harm to another person. As you were (presumably) an invitee of the bank, you were not a trespasser, and the bank owed you a duty to not do anything to cause you harm.
If the normal placement of a bollard is 90 degrees, and the 30 degrees was unforeseeable to you, then you might have a case.
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