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vandalism in private car park

  • 25-02-2013 2:03pm
    #1
    AngryLips
    Registered Users, Registered Users 2 Posts: 2,790 ✭✭✭


    Hi, does anyone know if your car is vandalised in a private car park such as RCSI or Drury Street who is liable? Your insurance company? The carpark? Cheers.


Comments

  • #2
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    best to ask in the legal discussion section.

    my opinion would be the car park operators - chances are they have signs up saying by parking here we are not liable for any damage caused to your vehicle.

    but those signs usually dont mean much.


  • #3
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    The people who caused the damage are liable. You claim against your insurance, unless you can take a civil case against them.

    The car park operators have no liability.


  • #4
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    Paulw wrote: »
    The people who caused the damage are liable. You claim against your insurance, unless you can take a civil case against them.

    The car park operators have no liability.

    the car park operators may be liable - depending on the circumstances.

    We do not know the full circumstances.

    and I agree with you that the person who did the damage is the liable party- but there could have been negligence on the behalf of the car-park.


  • #5
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Corkbah wrote: »
    and I agree with you that the person who did the damage is the liable party- but there could have been negligence on the behalf of the car-park.

    You would have to prove their negligence. Very hard to do. Almost anyone can walk in to a car park, and walk out.


  • #6
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    Paulw wrote: »
    You would have to prove their negligence. Very hard to do. Almost anyone can walk in to a car park, and walk out.

    and if the car park is CCTV monitored.... the person in the control center has a responsibility to report it and failing to see it could also amount to negligence.(in theory)


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  • #7
    Del2005
    Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    Corkbah wrote: »
    and if the car park is CCTV monitored.... the person in the control center has a responsibility to report it and failing to see it could also amount to negligence.(in theory)

    I'd imagine seeing it and failing to report it is negligence. Not seeing something isn't negligent.

    The RCSI can be accessed by anyone and has loads of cameras, so the chances of the security guard spotting the vandalism is slim. You can request them to review the video to see if the vandal can be recognised. Same for most other carparks.

    Drury Street on the other hand talk a good talk, so you may have a chance with them.


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