Legal Question in Personal Injury in Massachusetts

My car was parked at a restaurant parking lot. While eating, a vehicle traveled off the main road into my parked car. Is the restaurant liable in any way, because I was parked on their property?

Asked on 9/13/09, 1:52 pm

3 Answers from Attorneys

Christopher Earley Law Office of Christopher Earley

The driver of the other vehicle is liable and not the restaurant.

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Answered on 9/18/09, 2:03 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You may be asking because you do not know who hit you.

I agree with CHris, but you can still file a claim with the property owner.

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Answered on 9/18/09, 2:36 pm

I think you need to consider why the restaurant would be liable. If there is some negligent act it carried out or its property was in a negligent condition that caused your vehicle to be damaged, then you might have a complaint against the restaurant. If you are asking this question it is safe to infer you chose to have a high deductible or you dropped the insurance coverage on your vehicle -- this was your choice, but you can see why people buy insurance so they are not left holding the bag when something like this happens.

A lot of parking lots have signs posted that say "not responsible for damage." I guess the theory is if you agree to park there then you waive your rights. I'm not so sure it is so easy as that, but the price you pay for a meal might be considerably higher if the owner of the restaurant is automatically liable to anyone who claims the dent in his car occurred while he was eating. Good luck. Regards, JBS

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Answered on 9/18/09, 2:56 pm

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