Liability for car damage in parking lot

Questioner

When I pulled out of a parking lot with barriers for incoming and outgoing traffic, the barrier opened. When I then had to stop briefly for a car turning in, the barrier struck the roof of my car three times as I drove away. Can I hold the parking lot manager liable for the damage?

Questioner

That depends on whether it's a guarded or unguarded parking lot. With the former, there are more possibilities for liability, because the parking attendant likely breached their duty of care. After all, they should have ensured that the barriers don't obstruct the cars entering and exiting. If it's an unguarded parking lot, you may also be able to hold the parking attendant accountable for that reason, although they can invoke the general terms and conditions. If we can't reach an agreement, I'd be happy to review your case.

Questioner

Thank you. I will discuss it and may get back to you for further advice.

Questioner

Yes, you can hold the parking lot owner liable. You suffered damage due to their barrier. However, the extent of their liability is questionable. If there was no agreement and no fee was paid for the parking service, it's more difficult. On the other hand, it's a significant risk they're taking if they allow people and goods onto their property and fail to maintain them, even if the damage was foreseeable. I hope he has insurance for this kind of damage. It could be a Fiat or even a Ferrari that's damaged. Do you have photos and can you contact your insurer or legal expenses insurance? In principle he is liable for his building and if he does not maintain it he should certainly pay.