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Automobile Damage. NY

Hamburg, NY |

I was pulling into a small plaza, in the evening. I was entering the plaza, and as I pulled into the plaza, my Passat was damaged. The front end of my car scraped along the bottom front. The entrance was short, and steep. Is the property owner responsible for the damage? My car is being fixed at this point due to the fact that I do not have a car otherwise. The repair is all related to the front bottom damage.

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Attorney answers 7


It's certainly possible that you can make a claim, but it will be difficult and time-consuming. It may be that the entrance is not owned by the plaza, but is owned by the city. Unless you can show that the condition arose recently, and the plaza had knowledge of it, the plaza will argue that you are in the best position to know the limitations of your car. I wish I had better news for you, but perhaps others will respond with some ideas.


If you can prove design defect, but its a long shot. take them to small claims, if the damages is below 5K


There is something you are not telling us. It sounds like you were at fault.


Small claims court.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


It's going to cost more to prove negligent design than you stand to recover.

If you want to discuss please email me at or call on my mobile: (206) 714-1421. Thanks.


You may need an expert witness to make a case, which would likely cost you more than your damages.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Might need an expert

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