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Who would be liable?

  • 10-12-2012 10:26pm
    #1
    Registered Users, Registered Users 2 Posts: 1,417 ✭✭✭


    While driving into Dunnes in Cornelscourt, which has distinct entrances and exits, as I turned into the car park I ended up face to face with a car trying to leave via the entrance. We where both travelling at low speed and both stopped safely, no harm done.
    My question given that the car park is private, had there been a collision, would we both be considered liable or would the driver exiting via the incorrect route be fully liable?


Comments

  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Diemos wrote: »
    My question given that the car park is private, had there been a collision, would we both be considered liable or would the driver exiting via the incorrect route be fully liable?

    Glad there was no collision, never saw that happen there in the past.

    The fact that the car is private property doesn't affect the issue of civil liability and indeed while the car park is open to the public, road traffic legislation says that it is a public place so rules covering things like dangerous and drunk driving apply.

    On your question concerning liability, that car park is reasonably well signposted so if I was driving in and someone came at me in the wrong direction and there was a collision, I'd be pretty certain that I'd be (legally) in the right and the other guy would have to compensate me unless I came in at a breakneck speed and hit the other guy even though he had come to a stop before I hit him.

    Those mean metal ramps mean that hardly anyone is ever travelling at a speed that might result in a crash!


  • Registered Users, Registered Users 2 Posts: 51,363 ✭✭✭✭bazz26


    My take on it. As long as the public have access to the car park then it is still deemed a public place so the same rules/laws apply. If the other driver was trying to exit the wrong way then they should be liable.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Diemos wrote: »
    While driving into Dunnes in Cornelscourt, which has distinct entrances and exits, as I turned into the car park I ended up face to face with a car trying to leave via the entrance. We where both travelling at low speed and both stopped safely, no harm done.
    My question given that the car park is private, had there been a collision, would we both be considered liable or would the driver exiting via the incorrect route be fully liable?

    Something like that?


  • Registered Users, Registered Users 2 Posts: 836 ✭✭✭uberalles


    I was there one day and a woman didn't notice her full shopping trolley rolling down hill in the car park and was about to crash into a car moving out from its car space. I just stopped the trolley by running over and spinning the trolley around as it was too heavy to stop from my angle inss at, and it had too much momentum. It was an inch from creasing the door and poss the wing. What an adrenalin rush. I was thanked by both parties. It would have costed 1k + damage I'd say. I felt great.

    I went to put my own trolley back and both of their cars left. I felt elated. I like helping other people when I can. Perfect split second timing.

    As I returned a car was now taking up the vacant space left by one of the cars. It was a large SUV. My car was parked slightly diagonally as the car beside me was when I arrived as was the car beside it. You know when one person parks like that the adjacent cars have to follow the same pattern.

    An Agressive female driver gets out and starts roaring at me. Worst parking she had ever seen etc. there was no reasoning with the bitch and she just walked off after her mad vent at me.

    I was a real hero one second and within 1 minute a villain.


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