Legal Question in Civil Litigation in California

Maximum Vertical Clearance not Posted in Garage

I was moving into a new apartmnet building and was told by a security guard to go ahead and ull into a garage to park. I was driving a small U-Haul. The entrance to the garage was massive (much bigger than the U-Haul). There was no maximum clearance sign. I slowly drove into the garage. There was construction going on with loud power tools. About 50 feet in, I ran into some low hanging ductwork that I didn't see. It pushed up against a sprinkler pipe which went off. There was some caution tape hanging from the ductwork, but neither myself nor my passenger saw it. The secruity guard said later that he yelled and clapped as I got close to the duct, but I did not hear any off it. People were using power tools, so that may be why. He did not run up to my vehicle at all.

Am I liable for the damages since there was no posted sign? Obviously, I would have stopped if I had seen a warning as I don't have any malice towards the property. Both my passenger and I wrote down our accoutn of events that day and I had a friend sign that he read them on the day of the accident. My passenger also took pictures an hour and a half after the accident. By that point, I think they had added some extra tape, but I can't be sure. Still it was 50ft inside


Asked on 7/31/05, 11:41 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Maximum Vertical Clearance not Posted in Garage

You might report it to your insurance company if you caused damage. That's what insurance is for. Good luck to you!

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Answered on 8/01/05, 1:12 am


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