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  1. #1
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    Default Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    My question involves an injury that occurred in the state of: NJ

    While pulling into a parking space, in a bar parking lot, a beer bottle flattened on of my tires. The bottle made a pop sound noticeable to the bouncers, who came over to my car, and told me what happened.

    Is it the owner's responsibility to keep their parking lot free of debris, and do I have a case in small claims to get the owner to reimburse me for the tire?

    Thanks in advance,

    Sean

  2. #2
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    Almost certainly not. The rest depends on the detailed facts.

  3. #3
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    Why not Mr. Knowitall?

  4. #4
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    Because you have eyeballs that work as well as anybody else's, and you have offered us no evidence that there was anything special about this hazard. The rest, again, depends on the detailed facts.

  5. #5
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    I see what you mean.

    Well, it was dark outside(11:30pm,) the parking lot wasn't well lit, and I didn't see the bottle. The tire that was flattened was the right front passenger, and the bottle was up in the right corner.

    Help my case any?

  6. #6
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    By all means, call the police and report you struck a fixed object.

  7. #7
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    In order to recover in a negligence claim against the owner you would have to prove (not just say) that the owner knew about the bottle and failed to clean it up within a reasonable time after being notified that it was there.

    Chances are, though, that the bottle was dropped there minutes before you got there by the person who parked there before you and the owner would have no knowledge of it.

    Even if you could prove that the owner had knowledge and ignored the bottle, there would be the matter of contributory or comparative negligence which (as Mr K points out) would bestow upon you the obligation to watch where you are going and make sure the way ahead is free of debris.

    That it was dark out and not well lighted could reduce your own negligence a bit (you have headlights) but you would still have to overcome the owner's lack of knowledge of the hazardous condition.

  8. #8
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    There's broken glass all over the parking lot. And yes, I too pictures. Would that be helpful?

  9. #9
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    Quote Quoting Sean80
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    There's broken glass all over the parking lot. And yes, I too pictures. Would that be helpful?
    Maybe.

    But still not a slam dunk by any stretch of the imagination.

    At this point, I suggest you find out who owns the bar/lot and send a demand letter with a copy of the bill for your tire.

    See how that goes.

    If the owner says no, you decide if it's worth a shot in small claims court.

  10. #10
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    Default Re: Is a Business Liable for a Flat Tire from Broken Glass in a Parking Lot

    Glass "all over the parking lot" would seem to weaken the case - it's even more obvious that there is a potential hazard from glass if you choose to drive through the lot instead of parking elsewhere.

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