Legal Question in Business Law in California
This shopping mall in California had extremely high speed bumps, it was ridiculously high. Anyway, I went on that thing below 5mph and on the way down I heard a very loud scraping noise. This is a BMW 740iL, and this model has a very low body kit, and thats stock. On the way home, I noticed noised coming from underneath the car, it kept getting worse until a few days later it lost all power on the highway, and noise is coming from underneath the car. I'm looking at about $2000 in damages which I cant get right now and I need to fix the car. Can the shopping center be liable for the damages, or can my insurance do anything?
3 Answers from Attorneys
I would do two things....number one is to contact you insurance company and ask about coverage for this sort of thing. Then, unless the insurance company advises otherwise, make an appointment to sit down with the mall manager to explain what happened and inquire what their position and policy is with respect to this or similar incidents. They might prefer to settle with you than be sued, but first you need to find out what evidence they'll require, such as repair receipts, witness statements, etc.
I agree that this should be covered by insurance, but it does depend on what coverage you have. Also, be sure to let your insurance company know when and where it ocurred. They may be able to get the deductible paid by the mall instead of you.
You can TRY to sue the shopping center in small claims court, where you won't have to spend attorney fees, but you shouldn't do so unless you can prove the speed bumps violate building code regs.
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