Get this crap. All 4 Tires... Toast
12-20-2007, 11:15 AM
#21
Team Owner
12-20-2007, 11:21 AM
#22
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I was at the car wash a couple of weeks ago, and I looked down and saw nails and screws everywhere. I got lucky though. It really pissed me off because of the what if scenario.
12-20-2007, 12:16 PM
#24
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I worked as a manager for a very large hotel chain. 850 rooms, retail shops, and a multi-level parking garage. We were slapped with claims and civil lawsuits from guests nearly on a daily basis. Vehicle vandalism, vehicle burglaries, vehicle damage, slips & falls, stolen personal items, etc. etc. We had law firm on retainer just to handle all these types of claims. It has nothing to do with "providing a safe emviroment for patrons". The lawsuits that did manage to make it to court, basically boiled down to "negligence". The court's rulings were as follows: 1. Was the owner/manager aware that the hazardous condition existed and was the owner.manager negligent by failing to take corrective action? 2. Should the owner/manager have known that this situation existed and were they negligent by not taking the appropriate action to correct the situation? The bottom line is that you need to be able to show "negligence" on the part or the person in charge of the property to win your case. If the owner/manager was not aware that the hazardous condition existed, then I would say that the court will probably not find them negligent in this situation. It would probably be best to try and work with the owner and come to an amicable solution between the two of you.
well said
12-20-2007, 01:14 PM
#26
Melting Slicks
I would pursue their insurance as yours will likely consider this to be a maintenance issue unless you can prove intent on someone to damage your car. If they won't at least turn in the claim then go small claims.
12-20-2007, 02:17 PM
#29
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12-20-2007, 03:23 PM
#30
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There is a difference between a legal obligation and a moral obiligation.
If they knew the nails and screws were there and they did not clean them up then maybe they are legally obligated. What if you ran over them in there parking lot are they liable? Probably not.
If they knew the nails and screws were there and they did not clean them up then maybe they are legally obligated. What if you ran over them in there parking lot are they liable? Probably not.
12-20-2007, 03:58 PM
#33
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I worked as a manager for a very large hotel chain. 850 rooms, retail shops, and a multi-level parking garage. We were slapped with claims and civil lawsuits from guests nearly on a daily basis. Vehicle vandalism, vehicle burglaries, vehicle damage, slips & falls, stolen personal items, etc. etc. We had law firm on retainer just to handle all these types of claims. It has nothing to do with "providing a safe emviroment for patrons". The lawsuits that did manage to make it to court, basically boiled down to "negligence". The court's rulings were as follows: 1. Was the owner/manager aware that the hazardous condition existed and was the owner.manager negligent by failing to take corrective action? 2. Should the owner/manager have known that this situation existed and were they negligent by not taking the appropriate action to correct the situation? The bottom line is that you need to be able to show "negligence" on the part or the person in charge of the property to win your case. If the owner/manager was not aware that the hazardous condition existed, then I would say that the court will probably not find them negligent in this situation. It would probably be best to try and work with the owner and come to an amicable solution between the two of you.
Also I might let the District manager know that you will be doing this he might have a change of heart.
Let them know you have no intent of rolling over and going away on this issue.
I know I paid over a grand for my tires - that to me is some REAL money.
Last edited by 04BlueGoose; 12-20-2007 at 03:59 PM. Reason: spelling
12-20-2007, 04:02 PM
#34
12-21-2007, 01:52 AM
#36
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I worked as a manager for a very large hotel chain. 850 rooms, retail shops, and a multi-level parking garage. We were slapped with claims and civil lawsuits from guests nearly on a daily basis. Vehicle vandalism, vehicle burglaries, vehicle damage, slips & falls, stolen personal items, etc. etc. We had law firm on retainer just to handle all these types of claims. It has nothing to do with "providing a safe emviroment for patrons". The lawsuits that did manage to make it to court, basically boiled down to "negligence". The court's rulings were as follows: 1. Was the owner/manager aware that the hazardous condition existed and was the owner.manager negligent by failing to take corrective action? 2. Should the owner/manager have known that this situation existed and were they negligent by not taking the appropriate action to correct the situation? The bottom line is that you need to be able to show "negligence" on the part or the person in charge of the property to win your case. If the owner/manager was not aware that the hazardous condition existed, then I would say that the court will probably not find them negligent in this situation. It would probably be best to try and work with the owner and come to an amicable solution between the two of you.
What I see here though is different. The OP took his car to a car wash to clean it. Through a management failure to keep the area safe he suffered major damage. I'm no lawyer but he did nothing wrong and came away with a large bill for repair.
I still say its worth pressing the point at least with a number of follow up letters for starters.
12-21-2007, 03:12 AM
#37
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What a way to ruin your day. Hope things work out for you.
12-21-2007, 08:30 AM
#38
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Are these tires runflats are non runflats? if they are non runflats take them and have them patched they patch tires all the time and then take them the bill and see if they will pay that. you wanting new tires is not going to happen especialy when they see the cost of tires for a corvette. How mush treat left on these tires?
12-21-2007, 09:17 AM
#39
Race Director
I believe one would need to prove negligence...a a history of previous similar events and a faiiilure to put in place a procedure to check for nails/screws would suffice.
12-21-2007, 09:43 AM
#40
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I would hope some SOB didn't put the nails there on purpose like the guy who was fired. Hope it was just a careless constuction worker. I can't imagin how mad you must have been. I would have been boiling.
Wish I could offer more than Good Luck.
Wish I could offer more than Good Luck.