Quote:
Originally Posted by ZX-10RR
I get that but responsibility falls on the driver.
"No pun intended"
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The driver was certainly at fault, but the garage design was also inherently unsafe. A jury will probably allocate liability. I'd give her 80-85% and the garage operator the rest. Buildings and parking structures should be built with the idiot in mind. And people do make mistakes. That's why we have airbags and seat belts. (And many people -- proving the idiot theory -- try to avoid using them.)
As an example why the parking structure was unsafe, take the situation where a driver is backing out of a space and gets rear ended by some other driver, pushing the backing out car through the feeble "safety cables." Is that accident solely the fault of a driver who just rear ended another driver backing out (an accident that probably has happened a couple of times in the United States while you were reading this post), or do we hold the garage operator accountable too? The answer is pretty clear to me.