Can I Sue the Landlord for Flat Tires from Nails in the Parking Lot?
Full Question:
Answer:
When a person fails to fails to uphold a duty of care and that lack of care is the cause of foreseeable harm to another, that person may be found liable for damages due to negligence. Negligence claims require the plaintiff to show the defendant owed a duty of care, that duty was not upheld, and that failure of care caused a foreseeable harm. The answer will depend on all the circumstances involved, such as the applicable school policy and whether the infected person was being treated. We are prohibited from giving a legal opinion, as this service provides information of a general legal nature. I suggest contacting a local attorney who can review all the facts and documents involved.
In negligence cases, the most difficult issue to prove is often causation. It would need to be shown that the damage was the result of the defendant's actions or lack of care, and that there were not other causes or contributing factors which would entirely or partly relieve the defendant of liability.
It will be a matter of subjective determination for the court whether there was negligence, based on all the facts and evidence in your situation. Some of the factors, among others the court may consider include whether other contractors use the area and may have dropped the items and whether you are able to obtain litterer’s testimony linking them to the objects that damaged the tires, and whether notice was provided to the landlord to clean up the litter.
