So Jesse,
Who are you going to serve the notice to appear? All POSSIBLE parties involved? You have no
case--PERIOD. You cannot file in small claims unless you have a complaint against a specific person.
You have a bent bike and no evidence as to who did it. Your belief that someone is going to right
you a check is laughable!
Thank god you can't sue people on suspicion of having done something wrong.
Hell, the person who crushed your bike may not even know they did it. It happens all the time in
parking areas. The police are called, show up and say "wow that's too bad. Better contact your
insurance agent.".
Do you have any witness account? Did you see who did it? Even if you identify the car by paint
transfer that does not identify the driver. 0+0+0=0
Let us know when you get the check.
"S. Anderson" <
[email protected]> wrote in message
news:[email protected]...
> "Barry Gaudet" <
[email protected]> wrote in message
news:[email protected]...
> > Raymo853 <
[email protected]> wrote:
> > : The parking lot is not responsible for what the drivers inside the lot do unless they made the
> > : building poorly.
> >
> > I wonder about that. Wouldn't a parking lot, especially one that was an enclosed building have
> > some implied duty to take reasonable care of it's customers property? By accepting payment they
> > are implicitly accepting some level of responsibiliy for it.
> >
> > Even if they do have have a lengthy 'We not responsible for anything' disclaimer that you had
> > to sign a judge might still rule that regardless of that they failed to exercise reasonable
> > care.
> >
> > It wouldn't be a slam dunk but if you could convince a judge that there level of due diligence
> > was lacking you might win. If the damage did
indeed
> > occur very close to the attendants both then you might have a case.
> >
> > --
> > 'They paved paradise And put up a parking lot' -Joni Mitchell
>
> I doubt it. You're at the mall and somebody is speeding negligently and hits your car, killing a
> passenger in your car. What odds of success will you have if you try to sue the mall owner for
> this accident?? On what grounds are they responsible?? If the mall parking lot is designed with a
> normal amount of care and expertise and speed limits are posted blah blah blah (basically, if it's
> like every other parking lot in the country..)
then
> you'll get jack from the mall owner, and this is a far more serious
incident
> than backing up over a bicycle! The owner of the parking lot is not providing a security service
> for your car. They're providing a legal
place
> for you to store your vehicle. The attendant is there to take your money and make sure everyone
> pays, not to provide security. This guy has to
find
> the person who hit his bike. Everything else is just nonsense, a way to
try
> and blame anyone and get money from anybody.
>
> Cheers,
>
> Scott..