Legal Question in Real Estate Law in Pennsylvania
Accident Fault
I was driving on a state highway at night and a ''For Sale'' sign from a local realtor was in the middle of the road. It wasn't reflective and I didn't see it nor did I notice any of the other cars swerving around anything. When I drove over it, the spikes that normally hold the sign in the ground went through my muffler. Is the real estate company responsible for the damage to my vehicle?
1 Answer from Attorneys
Re: Accident Fault
Not unless it jumped up and hit your car all on its own. Obviously the real estate people did not place the sign in the road. Someone else did. or make the wind took it.
An operator of a vehicle is responsible for everything in the path of the vehicle. If you weren't able to see the sign in time to avoid it you were travelling to fast for the conditions. Had you been travelling slower or paying better attention then you may have seen the sign and been able to avoid it. There's a theory called last clear chance that suggests even if the RE company was negligent in placing the sign and not securing it then they still aren't liable because you should have been able to avoid it.
Regards,
Roger Traversa
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