Legal Question in Civil Litigation in Massachusetts

I live in an apartment building in Ma. My car was struck in the parking lot of my building. Whoever hit my car left the scene. I only have basic coverage and it does not include collision. No where in the parking lot is it stated to park at own risk or that owner of property is not responsible. Also I am tenant at will and never signed any agreement releasing liability for an incident like this. There are signs posted in parking lot limiting amount of time people can park to 2 hours or they will be towed. People park here all day to commute to work by train and no one has ever been towed also there is a business owned by the landlord located at this location. Does he bear any liability and if so how could I make him pay?


Asked on 8/06/13, 1:31 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Merely owning the parking lot does not make your landlord liable. The lack of a release doesn't create liability if there would otherwise be none. That he lets people park there who shouldn't probably doesn't matter either, but it might.

If I knew more details, I might see a reason why he should be at least partially liable. You should consult with a local attorney and see what she thinks.

Good luck.

Read more
Answered on 8/06/13, 3:14 pm

Unless you had a lease stating otherwise, there is generally no indemnification by the landlord for property damaged or destroyed by third parties (similar to a municipal parking lot or a lot at a shopping mall) unless you had created a bailment or notice of an unsafe situation had been made and not rectified. I will assume for the moment that your municipality approved the parking lot plan and that there is nothing inherently unsafe about cars parking in a parking lot (racing is another issue).

Read more
Answered on 8/06/13, 3:53 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Massachusetts