Legal Question in Landlord & Tenant Law in Illinois

Hello,

I have a monthly contract with a parking garage attached to my apartment building based in Chicago, IL. Recently, when the car was parked their pipe right above the car leaked rust that damaged the hood (stripped off paint where it ran) and the trunk. I have spoken to the management company and they state that my contract states they are not liable for any damages to the car. I understand the waiver however this is negligence of building maintenance and not an act of robbery or accident within the garage. My insurance has a $500 deductible. Your point of view is appreciated in advance.

Thanks.


Asked on 6/06/14, 12:23 pm

1 Answer from Attorneys
Stephen Messutta

You would have to prove negligence - in this case that they knew about the rusty drip, and did nothing about it. A line of rust on the floor might do that. But people don't quite understand negligence is more than "it happened" - you have to show they had some notice of the situation and failed to act reasonably to stop it. As to your car's damage, this is typically covered under the "comprehensive" coverage if you carry it; talk to your agent or the claims' people.

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Answered on 6/06/14, 2:13 pm


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