Legal Question in Civil Litigation in Pennsylvania

Re: Recovering Damages from Property Owner

Sorry the lack of maintenance of the parking structure was not the proximate (reasonable foreseeable) cause of the damage to you car. Put another way what you can't say is: But for the actions of the property owner you would not have suffered the injury of having your car damaged. From your statement of facts that would appear to be the responsibility of the driver who hit the fence.

Besides the law requires that all drivers carry liability insurance so there is a good possibility to recover from the driver.

It should be noted that your recovery is limited to the value of your car at the time of the accident.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Re: Recovering Damages from Property Owner

You asked about recovering for property damage from a fallen fence.

I agree with John to an extent. If is known what vehicle hit the fence then you would first need to attempt to collect against that party. But if that party is not known you could then proceed against the property owner. The theory isn't "but for" but rather simple negligence. The owner should have known that the fence could have been damaged and fall onto other property. Had the fence been properly designed and installed there would have been no injury to your vehicle, even after the fence had been hit.

The law isn't always about what is correct but rather what argument is better.

Regards,

Roger