Legal Question in Civil Litigation in California

Car Damage

location: IHOP parking lot

what happened: i was backing out of the corner spot when i hit a low wall. The wall was about 2 feet high and sat on top of the island's corner. However the wall did not surround the entire island - just the corner tip of the island. From the numerous markings on the wall it doesn't look like i was the first to hit the wall either - prop owner knew of the wall's dangerous tendencies to cause accidents. The wall looks like at one point it was painted bright yellow i guess to draw attention to it but you still wouldn't be able to see it from the driver's seat no matter what color it was. Can i get IHOP to pay for the damage to my car since the wall was negligently placed - since the wall does not extend high enough for drivers to visibly see or that the wall doesn't enclose the entire island which creates the illusion that the wall doesn't exist from the driver's seat.

Asked on 8/19/08, 7:07 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Car Damage

If you're lucky, they won't sue you for the damage you caused.

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Answered on 8/22/08, 2:18 pm

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