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The Perils of Parking Garages

VN:R_U [1.9.1_1087]
+2 (2 votes)

Claimant had an appointment with an orthopedic doctor to follow up for his fractured leg. He couldn’t find parking in the lot adjacent to the doctor’s office and so he parked in our insured’s two story parking structure across the street. He parked on the bottom floor and after he got on his motorized scooter he realized there was no elevator. There were stairs or he could ride the scooter up a steep ramp. He felt forced to take the ramp even though cars used it. When he was almost at the top, a car turned into him and injured him (now, his arm was fractured too). The car’s no fault insurance is paying for his treatment. We haven’t paid anything yet, but anticipate he might file a premises liability claim. We will deny negligence, because it was his choice to ride up the ramp. He could have driven out of the garage in his car and found a different parking space.

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