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  1. #1
    Join Date
    Oct 2014
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    1

    Default Accident in Unsafe Shopping Center Parking Lot

    My wife was in a car accident today, it wasn't bad but it happened on private property of a shopping center. She was at a stop sign where you can't really see oncoming traffic because of the median which is covered in high bushes and trees. The median separates the through street from the right hand turn lane and it has no stop. I did some research and found out that the same spot has caused multiple accidents. The police officer at the scene also stated that more accidents happen there then on the freeway in our town. I was wondering if we would have any type of case against the property owners?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Accident in Unsafe Shopping Center

    Quote Quoting jetsegura
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    My wife was in a car accident today, it wasn't bad but it happened on private property of a shopping center. She was at a stop sign where you can't really see oncoming traffic because of the median which is covered in high bushes and trees. The median separates the through street from the right hand turn lane and it has no stop. I did some research and found out that the same spot has caused multiple accidents. The police officer at the scene also stated that more accidents happen there then on the freeway in our town. I was wondering if we would have any type of case against the property owners?
    Possibly.

    You would have to show that the owners knew or should have known that the condition of the property was a hazard and failed to remedy that hazard.

    Trouble is, the owner of the car she hit isn't going to care about that and is likely to be paid by your insurance company and your policy will be surcharged for an at-fault accident.

    It's also likely that you will have to file a lawsuit against the property owners as they aren't likely to give you the time of day without one so you'll have to determine if it's worth paying a lawyer to file suit on a complicated negligence issue or just have your collision coverage pay for the damage and move on.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Accident in Unsafe Shopping Center

    Quote Quoting adjusterjack
    View Post
    You would have to show that the owners knew or should have known that the condition of the property was a hazard and failed to remedy that hazard.
    They would also have to show proximate causation -- that a breach of duty by the property owner was the proximate cause of the motor vehicle accident.

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