Someone blew it... - Saab General Bulletin Board - Saabnet.com
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Someone blew it...
Posted by mc14850 [Email] (more from mc14850) on Wed, 30 Apr 2003 06:40:41
In Reply to: SAABBQ- My 93 is a little well done., DDM, Tue, 29 Apr 2003 19:55:30
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I agree with Chip and Chrys, you did not enter into a specific contract regarding the "park at your own risk" signage. Therefore, your position is that someone dropped the ball and caused your car to be burned. This was not an act of nature beyond anyone's control.
I think that you could argue that the grass should have been cut shorter and that the risk of fire with long grass was very foreseeable (I am a firefighter and we are having two or three grass and brush fires a day in our county, it is very dry this time of year), the parking lot owners had an obligation to keep that grass mowed short. If the sparks from the power lines had not started it it was probably dry enough that a hot exhaust system could have.
Who knows about the power company, short of them admitting that they did something wrong, it may be hard to prove that they blew it. They might be able to argue a high wind, fallen branch, fried racoon, or some other actual "act of god" caused the sparks. On the other hand they are likely to have the best insurance and highest willingness to pay to make this go away.
Lastly, I agree with the advice of a polite (but firm)letter. If you treaten to sue they will go defensive mode right away, be polite and don't mention lawyers until you get fed up and hire one.
Good luck, you are on the right side of this one. Just my two cents worth.
Phil
posted by 24.59.108...
Posts in this Thread:
- SAABBQ- My 93 is a little well done., DDM, Tue, 29 Apr 2003 19:55:30
- This is why there are lawyers, phred, Wed, 30 Apr 2003 09:36:37
- This is what comprehensive coverage is for, TimBrown, Wed, 30 Apr 2003 07:50:29
- Someone blew it..., mc14850, Wed, 30 Apr 2003 06:40:41 <-- Viewing This Message
- Correct. Park at your own risk >, ChipJ, Wed, 30 Apr 2003 05:38:51
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