SA Car Damaged at Car Park - Who is Liable?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Leighton.jo7

Member
13 September 2016
2
0
1
Hi.

I recently went to my local shopping centre who are undergoing renovations and construction works. Of interest in my case is the works they are doing to the car park.

A usual entrance has been modified for temporary access around the works. Bollards, fencing and the like are in place to direct traffic through the usual entrance. I entered and there was a make shift bitumen ramp/speed bump which was poorly constructed and was steep, which scrapped the under carriage of my car and exhaust system.

Just after that, there was a large section of the bitumen in the car park that was cut up and slightly dug out. Probably about three inches deep, I think. It was right in the path the cars were directed to travel. My left wheels dropped into this and scraped the rims of my car quite badly. I had no choice where to go with fencing and bollards quite right either side directing me.

I feel the entrance was not in a fit state to allow cars through. Nor reasonable measures taken to allow cars to go through safely. There are other entrances and I feel this one should have been closed if it was going to be in the state of disrepair that it was.

I was wondering if the centre management or construction company has a legal liability when it comes to the damage caused to my car?

Thanks in advance.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,576
693
2,894
Sydney
Are you insured?
 

DMQC

Well-Known Member
29 June 2016
94
11
314
You would direct any claim to the Centre Management and based on your brief outline above. I believe you may have a legitimate claim for the repair to your vehicle.

Regards