Legal Question in Real Estate Law in Texas

I was parked at the school where I work when a grounds person decided to weed eat near my car. As a result my car window was broken. The school says they are not responsible. I think they are because their employee broke my window while I was parked in a designated parking spot.


Asked on 1/12/10, 7:05 am

1 Answer from Attorneys

Normally, the grounds person's actions within the scope of his employment are attributable to the school under the doctrine of respondeat superior. However, in order to hold the grounds person (and as a consequence the school) liable for your car's broken window you will need to show negligence in his part. You can probably establish that it was negligent of the grounds person to weed eat near your car without first asking you to move it away. Flying pebbles and other objects seem like a reasonably foreseeable occurrence resulting from weeding and a prudent person would have found a means to protect your vehicle or would have warned you of the danger. Since you were lawfully parked in a designated spot, you could not be said to have assumed the risk nor were you contributorily negligent, which are theories a defendant might use to negate or diminish liability. Hence, under the facts you present, the school would be held liable for your broken window.

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Answered on 1/17/10, 7:43 am


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