Legal Question in Personal Injury in California
I live in a condo complex where there is an underground garage that is shared. When entering the garage there is a sign stating the maximum height restriction of 6'9". My car is just under 6'9" and I recently broke a water pipe that was hanging from the garage ceiling. My vehicle ripped the pipe from the ceiling and there was signinficant damage. The HOA is now trying to bill me for the repairs. I have lived in this complex for 3 years and have driven under the same spot more than 20 times, and I have never hit it. Since the sign says 6'9", and the pipe was obviously lower than 6'9" (by at least 3"). Who is responsible for the damages?
2 Answers from Attorneys
Probably you, but I can't say for sure without a better explanation of what happened. After all, if your car really is just under 6'9" and had passed under the pipe successfully many times, the pipe couldn't have been 6'6" (or less) high as you claim.
Do you think someone lowered the pipe after the previous time you drove under it? That's possible, but not very likely. It's much easier to believe your car was riding higher than usual -- perhaps because you had removed something heavy from the trunk, or had recently installed bigger tires (or perhaps even added a lot of air to your old ones). Maybe you were driving a little faster than usual and bounced higher than you normally would. Any of these scenarios is more plausible than the pipe abruptly moving on its own.
If you can prove the pipe was hanging lower than 6"9", you would have a good chance at proving the apt. complex is responsible, especially since you have driven under it 20 times before. Go sue them. Good luck.
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