What rules make the curb non-regulation? What is a SS car park?
Hmm, your wife drives into a stationary object in private carpark. Don't like your chances.
Hmm, your wife drives into a stationary object in private carpark. Don't like your chances.
OK, Rod; SS is shopping centre, it's a public place, and there are "regulations" for curb types and dimensions. Main Roads WA have them well set out in the spec., available on line. Additionally, Councils apply Main Roads' specs in their designs and recommendations. Local Govt Guidelines for sub-divisional Developments also includes detailed specs for Curbs, including in car parking facilities.
In my wife's particular case, it was simply one section of a curb, which was significantly higher than all of the above recommend and this was due to the fact that a storm-water grate had been installed and to ensure the water ran into it the surrounding bitumen paving had been lowered, thus presenting a higher curb profile that was not particularly noticeable until you got out of the car and inspected it.
The rest of that same curb was of the normal ('specified', or standard height). Now these car parks are usually frequented by women and this sort of technicality is not ordinarily in their mind set, especially when they are there shopping for the family.
SS car parks are built to accommodate cars, in the main, and my wife's is not an abnormally low slung vehicle. Storm Water treatments, on the other hand, by their very nature require a 'drainage' approach, which usually involves placing a wheel/tyeare barrier prior to the curb, or by placing the storm water grate further forward, enabling the bitumen to be graded back up, so that the required, dimension of the curb is maintained.
In light of the above, I believe that a hazard has been inadvertently created where it could, and should have, been avoided.
I'll defer to someone who knows more than me.
They may be liable under negligence, but not sure, and potentially expensive if you lose case. Might be worth a letter to the SS owner to see how they respond.
They may be liable under negligence, but not sure, and potentially expensive if you lose case. Might be worth a letter to the SS owner to see how they respond.
I had a similar problem.
Attempted to park in a marked space that had a wall on passenger side.
While reversing being sure to remain to right of wall suddenly just above ground level in the parking bay the wall had an extended attached concrete block jut out still over a metre from back wall. The obstruction being so low was not visible from mirrors. I this scraped the bottom of bumper. As it was with the parking space and with no warning it was impossible to expect it. You expect any marked car park space to be clear of obstacles.
Is the restaurant car park responsible?
Attempted to park in a marked space that had a wall on passenger side.
While reversing being sure to remain to right of wall suddenly just above ground level in the parking bay the wall had an extended attached concrete block jut out still over a metre from back wall. The obstruction being so low was not visible from mirrors. I this scraped the bottom of bumper. As it was with the parking space and with no warning it was impossible to expect it. You expect any marked car park space to be clear of obstacles.
Is the restaurant car park responsible?
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