Legal Question in Traffic Law in North Carolina

Low clearance damages van roof, property owner denies responsibility

At a friend's request, my wife took her to a nursing home to visit spouse. Nursing home had a cover over the driveway circle at the front door (you can reach the parking lot but not be 'right at' the front door without going under the cover). It appeared high enough for the van and had no posted height or low clearance warning. No problem entering under the cover. As she was exiting, the driveway slants upward and the roof is lower due to damage. The van was stuck and the roof of the van damaged to about $900. Maintenance man at the site indicated this happened a 'couple of times a month'. Administrator of nursing home was provided and estimate and photos of van damage but said they would not be responsible because their insurance would not cover and my wife had 'driven under the portico of her own free will'. Is there any responsibility of the nursing home/staff/etc. to post a minimal clearance or, with a history of such incidents, to provide warning? What is the best way to proceed to attempt to recover damages from them, if we have any legitimate claim?


Asked on 7/24/02, 3:41 pm

1 Answer from Attorneys
Paul Herzog Paul F. Herzog, Attorney-at-Law, P.A.

Re: Low clearance damages van roof, property owner denies responsibility

This is not a criminal law question. This question involves a matter of civil liability, and should be addressed to a practioner on a civil bulletin board such as torts. When I agreed to answer questions on this bulletin board, I stipulated that I would not answer questions outside my field of expertise which is NC state criminal law.

Read more
Answered on 7/24/02, 8:53 pm


Related Questions & Answers

More Traffic Law questions and answers in North Carolina