IPOGT
Well-Known Member
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- #1
So here's the deal. Go to the bank drive through. They have a concrete filled post directly in the asphalt with no curb to prevent scraping on the passenger side of the vehicle. The post is there to guard the ATM adjacent to the passenger side. The post is maybe 3-4 ft tall and cannot be seen from the driver side while in my minivan. You see where this is going...... so, I ask, while we are all responsible when we hit things we can see, what applies when you cannot see the object and is hidden from view? t is reasonable to say then that you cannot avoid the object? and since it was directly in the ground and not mounted in a curb as I believe it should be, is there a duty to provide a reasonable warning for impending damage? There was nothing preventing the damage from occurring as a post set in a proper proper curb would provide. I believe they are lucky no one had their arm out the window in my passenger seat. Any attorneys feel free to chime in.
If this were on the driver side, I would accept complete responsibility and not have posted this.
If this were on the driver side, I would accept complete responsibility and not have posted this.
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