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Elizeu · Feb 24, 2009, 05:40 PM

I crashed my 2007 car on a rock related to an icy parking lot in my workplace when I was going to work. They didn't clean the parking lot and there was nothing posted saying not to park our car before they sand the parking lot. I went to work and then I lost control of my car and crashed into a big rock making extensive demage to my car. The insurance will cover but I have to pay deductible and my insurance rates will increase. My car also will be depreciated. I would like to file suit against the company I work for and make them pay off my car. The insurance will only pay for the demage and I will still have a car that was crashed once and when I try to sell it will have depreciated value.

ScottGem · Feb 24, 2009, 05:47 PM

Do you want to lose your job?

First you would have to prove negligence. When did the icy condition occur? If you were going to work, the company may not have had enough time to clean the lot. So they mot have been negligent in dealing with the condition. Did anyone else skid and crash? If not, they will argue that you were not taking due care accordng to the conditions. Since you incurred significant damage to your vehicle, that would point to your going too fast for conditions.

And if you do sue, they won't fire you right away, but they will find something to fire you about within the next year.

Elizeu · Feb 24, 2009, 06:39 PM

I start working at 6:00am. I got there around 5:40. It is a down slope drive-way and 5:40am is dark yet and since I go to work that time they need to have someone there to sand the parking lot. Around 6:30am they sanded the parking lot and when the Coca-cola guy came to deliver with his big truck he was stucked for 30 minutes and couldn't deliver. This is a conference center combined with an Inn. So people drive through this parking lot at any time and it suppose to be maintained clean at all times.

ScottGem · Feb 24, 2009, 06:48 PM

Was there weather overnight? So far I'm not hearing negligence.

Elizeu · Feb 24, 2009, 07:06 PM

The rain became icy in the morning. If someone fall on side-walk in front of your house you will be responsible for that because you didn't clean it. I was going to work as I do every morning and the maintenance guy is suppose to be there at 5:30am "before me" to open the place and check around the place. He was not there that time. They need to put cones on the begening of the parking lot telling everyone to not park far from that area. I work 8 miles from there and the roads were all cleaned that time and when I got the parking lot it was OK but when I was going to park my car it start sliding more and more and the gravity of the car made the car speed more in more and if I din't have hit the rock I could end up jumping my car in a cold lake.

ScottGem · Feb 24, 2009, 07:18 PM

Originally Posted by Elizeu

If someone fall on side-walk in front of your house you will be responsible for that because you didn't clean it.

True, but you would be given a reasonable amount of time to deal with it. If someone slipped within a few hours of the weather condition you wouldn't be held negligent.

If the maintenance man wasn't doing his job, the company would probably not be considered negligent. Don't take my word for it. Go to see some attorneys and see if they think you have a case.

twinkiedooter · Feb 24, 2009, 07:50 PM

Scott is correct. I don't see any negligence on the part of the company. Accidents happen. That's why they are called accidents.

Fr_Chuck · Feb 24, 2009, 08:23 PM

Nope don't see where the company is liable at all, first you have to drive at a speed according to conditions, if the conditions are icy, you drive very slow. And I am not sure they even have to sand their parking lots, I know 100's of companies that never clear there parking lots, and in a frezing rain there is little you can do till it stops

And also, sue your company ? You know how hard it is to find a new job

JudyKayTee · Feb 25, 2009, 07:56 AM

No, you didn't misunderstand me. I know more about liability law in Massachusetts than you do.

I also read the rules of the site - which you apparently didn't.

You "live" in Massachusetts for 10 years and how can I tell you than "I am wrong when I say about it?" You also weren't "injuried." Yes, I think I know more about the law - and how to explain it - than you do.

Actually it's quite easy because you are absolutely incorrect BUT, because you are 100% you are right my advice would be to follow your education/knowledge/heart and sue your employer. Be sure to clean out your locker right before you file because you will lose this case and most probably your employment.

In order to have a fighting chance in Court you will also have to prove that this was in isolated condition, not an all-over condition of which you could not possibly be aware. That's also Massachusetts law.

And then come back and let us know.

bEaUtIfUlbRuNeTtE · Feb 25, 2009, 08:09 AM

This past Monday, I came into work unaware of the black ice all around the parking lot and almost rear-ended a car and I wasn't speeding in the parking lot either. I can see how the OP is frustrated BUT it's not the company to blame. I did know that there were icy conditions the day I went to work but yet I still wasn't as cautious as I should have been.

To the OP, I would let your company know that the parking lot hadn't been sanded when you came in but I would not sue them. You wouldn't have a job after that.