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
  • 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

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.