Q: Suing a parking garage for damages to my car as a result of failure to maintain a traffic control device.
I was driving into the Hale Pauahi public parking garage on 155 N. Beretania St, Honolulu, and my car hit a triangular piece of metal that was installed as a traffic control device. The metal object was the exact same color as the wall and it had scratches and markings that made it practically invisible to see (like an optical illusion) from my line of sight. A reasonable person could not distinguish that or how much it is protruding into the road because it did not have the yellow reflective color or paint as required by MUTCD. (I have photos of all of it and its backside that was marked with warning colors and reflective material). I want to sue them for damages. Do I have a case?
A:
You could possibly have a case. More information would be needed to make a more meaningful assessment. Keep in mind that as a general rule, claims involving public entities in many jurisdictions require compliance with notice of claim statutes. This means that in addition to a statute of limitations that could be in the order of years in many jurisdictions, notices of claims could be in the order of days, depending on the jurisdiction. Good luck
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
