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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Nail in Tire at Work Parking Lot

    My question involves personal property located in the State of: California

    Last week I discovered a slow leak in my tire, due to 2 screws that were lodged in the side of it, and ended up having to replace 2 tires on my car due to the screw punctures and the amount of wear on the other tires on the car.. Earlier that week, I had dropped a coworker off at their work parking lot, which has a pile of debris in the middle of it, as well as screws and rusted wires laying about. I have no doubt that I picked up the screws in this location, which is owned by my employer.

    We have been told by our HR department that we are not allowed to park in the surrounding streets, and that if we do we may be terminated. However, we are also told that we park in the work-provided lots "at our own risk."

    I asked the HR department for reimbursement for the tire, as the reason I got the nail in my tire is a direct result of their negligence in maintaining the lot in a safe manner. However, they maintain that I can't prove that I got the nail in their lot. I argue that out of all the places that I take my car on a daily basis, this place has the highest concentration of nails, screws, and other hazardous debris. Also, at least 2 other people have gotten a nail/screw in their tire from this lot in the past few months since it opened.

    Should I be reimbursed or does "park at your own risk" protect the lot owner/my employer for their own negligence in keeping the lot free of hazardous debris?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,059

    Default Re: Nail in Tire at Work Parking Lot

    They appear to have no duty to even provide you a parking space, let alone one free of debris. Absent some aspect of negligence (that they knew there was a pile of nails and screws and did nothing about it for an extended time), you appear to have no course of action, even if you could prove that you picked up the nail in their lot.

    Unless you got it in the sidewall, you can usually just have those plugged, by the way.

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Nail in Tire at Work Parking Lot

    I agree with flyingron. The only other recourse would be to research your local ordinances. Some places require a business to maintain their parking lot if it is open to the public.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Nail in Tire at Work Parking Lot

    "I had a slow leak for days, when it was fixed they told me I had two screws in my tire, I'm sure it happened at a particular location...."

    Sorry, but unless there's more to the story here, that's short of what it would take to prevail in court. Screws are common, and the fact that there is or was debris in a specific parking lot you once visited does not automatically mean that you picked up the screws at that location.

  5. #5
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Nail in Tire at Work Parking Lot

    We are not allowed by the city to park on the surrounding streets, and our parking contract stipulates that we can be terminated for doing so, and that we park in the lots at our own risk. I'm not sure what I can do in order to protect my car from further damage, as I feel as I am not being provided with alternative options to parking in the lots. I honestly would rather take my chances on the street, because that way if damage is caused to my personal property, someone can be held responsible. I was told by HR that they are in no way responsible for any damage to my vehicles while in the lot. Their suggestion to me was that I take the bus or "fly in to work."

    Is there anything I can do at this point to protect my personal property? I just want to prevent this from happening again in the future.

  6. #6
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Nail in Tire at Work Parking Lot

    Your HR department would likely say that you were negligent in driving over some debris. Without proof that the debris in the lot caused the tire to go flat you are out of options.

    Tires are considered wear and tear items. You may have a road hazard warranty from the tire installer that covers issues such as these. Otherwise, you'll just have to eat the expense. Many installers repair flats for free just to get you to patronize their business later.

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,619

    Default Re: Nail in Tire at Work Parking Lot

    Quote Quoting izzy123
    View Post
    Is there anything I can do at this point to protect my personal property? I just want to prevent this from happening again in the future.
    Yes, get a group of employee's together after you have punched your timecard out for the day, grab a couple brooms and a shovel and clean the parking lot.

    If the employer won't clean it, and you want to protect your vehicle, then this sounds like the only reasonable answer.

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