Legal Question in Consumer Law in Massachusetts
Car Flooded While on Employer's Property
My car recently suffered almost $4,000 in flood damage while legally parked in my employer�s parking lot. Although my personal insurance covered the bulk of the repair cost, I tried to get my employer to pay my $500 deductible. They refused, claiming that the parking agreement I signed indicates the propensity of that lot to flood in severe weather, and that it is the permit holder's responsibility to monitor the weather and place their car in non-flood prone areas. Although flooding in that area has happened a number of times over the years, the University has yet to put up any signs whatsoever indicating the area is flood-prone. (I don't know if it makes a difference, but I *do* pay for the privilege to park there.) Finally, as if to indicate that they knew they were somewhat responsible, the head parking administrator at the University called me personally to let me know that the lot was flooding and that I'd better move my car quickly. I moved it immediately, but he had called after the damage was already done.
My question is, can I win if I sue in small claims? If yes, how much should I sue for (i.e. the cost of the decutible + negligent infliction of emotional distress)?
2 Answers from Attorneys
Re: Car Flooded While on Employer's Property
If you voluntarily and knowingly signed a disclaimer regarding your parking, you are probably wasting your time.
Re: Car Flooded While on Employer's Property
Your statement below in quotes speaks for itself!
"They refused, claiming that the parking agreement I signed indicates the propensity of that lot to flood in severe weather, and that it is the permit holder's responsibility to monitor the weather and place their car in non-flood prone areas."
If you signed that agreement, you were put on notice of the propensity of that area flooding and you were fore-warned that it is your responsibility to move the vehicle prior to flooding.
Sincerely, Maria Murber
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