Barberton, OH asked in Car Accidents, Small Claims, Construction Law and Landlord - Tenant for Ohio

Q: Is my company liable for damages to my vehicle?

My company has recently leased a new office space in a newly renovated building (including the parking lot). The parking lot has a utility pole with a guy wire that extends into a parking space. The parking spot doesn't have any warnings (e.g. the spacing being striped for no parking). Unfortunately I didn't see the wire and ran into it causing damage to my vehicle. I informed my employer of the situation and they then sent out a company-wide e-mail to inform everyone of the potential safety hazard. They've also informed the landlord of the issue and the landlord agreed to add additional safety/warning signs. I've tried with both my company and the landlord to seek financial assistance with the repairs to my car, but both have declined to help. I was provided a portion of the lease agreement which states that the "tenant assumes all liability and responsibility for damage to vehicles by tenant and/or tenant representatives". Is this a violation of some building or safety code?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Talk to the local building dept. whether it is a violation. If not, and if landlord or company will not pay for repairs, you could sue in small claims court. The court will determine if they have any liability for failing to post a warning sign. But if the wire was in plain sight, the court might not find them liable. You could turn in a claim to your auto insurance company, but you would pay your deductible, and your premium could go up, or they could decline to renew your policy.

1 user found this answer helpful

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