Q: Who is at fault for ice buildup due to clogged downspout that subsequently fell 30 feet onto a car?
Car owner parked in a parking lot next to a building. The 30 foot tall downspout had ice accumulation due to the fact it was clogged and did not allow proper water drainage. While away, a large section of ice sheared away from the downspout hitting the car and causing major damage. Ice was large enough to shatter windshield and could have easily killed someone had they been under it as well. Is the building owner or car owner responsible for paying damages to the car?
A: An Ohio attorney could advise best, but your post remains open for three weeks. It could depend on a number of factors, including condition/maintenance of the waterspout, conditions for use of the lot, warning signs or disclaimers, and other possible factors. An Ohio attorney could offer better insight with additional details. Good luck
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