Accident at a Condo

**SidhuMississauga** · 01-24-2011, 08:10 PM

My question involves a condominium located in the State of: Ontario

A few days ago I hit an island coming out of the underground parking garage of a condo and I managed to also damage the intercom system. Because I was coming uphill, I was unable to see the little island and the intercom. I was not speeding and I really could not just see the island or intercom. The uphill climb made the island and intercom not visible.

I was also informed by the security that this exact same accident has happened many times before at this condo. I was the 2nd person in 2 weeks to do the exact same thing.

If the condo corporation tried to sue me for the damages which I caused to the intercom, could my defence be that this type of accident has happened many times before and considering that it has happened many times in the past the condo corporation should have corrected this issue to help prevent this kind of issue.

Possibly like a contributory negligence???

**SChinFChin** · 01-25-2011, 01:33 AM

Quoting SidhuMississauga

My question involves a condominium located in the State of: Ontario

A few days ago I hit an island coming out of the underground parking garage of a condo and I managed to also damage the intercom system. Because I was coming uphill, I was unable to see the little island and the intercom. I was not speeding and I really could not just see the island or intercom. The uphill climb made the island and intercom not visible.

I was also informed by the security that this exact same accident has happened many times before at this condo. I was the 2nd person in 2 weeks to do the exact same thing.

If the condo corporation tried to sue me for the damages which I caused to the intercom, could my defence be that this type of accident has happened many times before and considering that it has happened many times in the past the condo corporation should have corrected this issue to help prevent this kind of issue.

Possibly like a contributory negligence???

This is a US legal board, not Canadian.

As to contributary negligience, the condo association did not build the road, so how could they be responsible?? It is an issue of being more careful with uphill driving, as it could just a well be someone walking across the road there as well.