Quote:
Originally Posted by MalibuBimmer
Quote:
Originally Posted by ZX-10RR
I get that but responsibility falls on the driver.
"No pun intended"
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The driver was certainly at fault, but the garage design was also inherently unsafe. A jury will probably allocate liability. I'd give her 80-85% and the garage operator the rest. Buildings and parking structures should be built with the idiot in mind. And people do make mistakes. That's why we have airbags and seat belts. (And many people -- proving the idiot theory -- try to avoid using them.)
As an example why the parking structure was unsafe, take the situation where a driver is backing out of a space and gets rear ended by some other driver, pushing the backing out car through the feeble "safety cables." Is that accident solely the fault of a driver who just rear ended another driver backing out (an accident that probably has happened a couple of times in the United States while you were reading this post), or do we hold the garage operator accountable too? The answer is pretty clear to me. |
This. If she had landed on the SUV and killed its driver, it would primarily be her fault for hitting the gas but no one expects a car to fall from a parking garage when driving by. Seems like the garage requires inspection and / or code requires review. This shouldn't happen for the safety of people on the ground as much as for an idiot driver doing something stupid. Fortunately in this case, she survived and didn't land on the SUV.