HOLY CRAP! That sucks majorly, never would have thought of that.

On a side note, is it dig up old thread day or something?

 

That sucks. Hope your lawyer is able to get something taken care of.

 

dude get an atty.. its private property which means the owner is liable for upkeep on thier property.. you WILL get your money with a good atty.. not a dumbass.... and make sure you tell the appts.. you are going to get an atty bc its private property not state funded and they are responsible for upkeep.. you have photos also which is going to help alot!! sometimes they will just settle before you get an atty if they know you are going to seek legal representation.. check it out..

 

Alright, i am just going to chime in here....bboi, taking pre-law classes doesn't mean much, no offense. I just graduated law school and will be taking the bar in oh, a week!!![]

First, whether or not he will win is debatable....that being said, there is likely at least a cause of action of some sort. He could file an action under negligence or an attempt at strict liability. There is a difference between common, public areas maintained by the state and private properties. If you can show that the landlord used a sub-standard asphalt mixture or was negligent in hiring and applying the asphalt (or whoever did it), you might have a case.

A negligence action prima facie case requires a duty, a breach, proximate cause and damages. Here, the biggest hurdle will be establishing that there was a duty to maintain the lot in such a way as to prevent such incidents from occurring.

Secondly, the sign disclaiming liability for theft or damage is strickly in the sense of another person's action on their property. Essentially, this is to remove any liability for protection of property placed on their propety. This has no affect on whether their property is at fault.

Further, a clause in the lease stating we are not responsible for any damage or injury as a result of the structures utilized pursuant to the lease would likely not hold up in court. You cannot disclaim liability for negligence, dangerous conditions, or faulty property. That would be like saying in your lease, you have no cause of action if your wooden porch on the outside of your apartment collapses.

One could make the same argument about the asphalt tending to "do this" as with a wooden porch. Screws and nails rust, unless galvanized screws or nails are used which can withstand the elements. If you fell on a wooden porch due to nails rusting out, you would sue on a negligence theory based on the condition of the porch. Likewise, if you can establish the asphalt was negligently laid or kept, you should be somewhat ok. If the asphalt heated up and broke beneath your foot and you fell, you would sue.

Not trying to say he will win, because that is up in the air at best. However, assuming you have no case based on certain tendencies out in the public does not give a free pass to private entities that don't take reasonable care in upkeep and construction.

I am sorry, I just rambled all this out. Some of it may be a little all over the place, but I am studying for the bar and don't have time to really lay out a nice legal argument on behalf of him, but my point is is that there is likely at LEAST a cause of action to sue under and given the right set of facts and circumstances, might get recovery.

signing off,

your resident lawyer-to-be (hopefully, tell you in october) cbr-rider....ffingers

a.k.a Tony

 

He's right...

In the summer, on asphalt, always grab a rock, or look for a piece of board, something, to put under your kickstand.

Same principle as people using snowshoes so they don't sink in the snow.

Park in the shade, and always back your bike in, rear wheel against the curb, leave it in gear, and throw a lock through the wheel (brake disc.).