Injured in an underground parking lot

Ask a Lawyer

Question

Country: Canada
State: Ontario

I was parked in an underground parking lot which is located underneath a building. I was leaving the underground parking and once I approached the garage door, the door that I usually use was broken so the one that is rarely ever opened or used was the one I was supposed to use. the door was closed since its winter time now and to open it u have to drive over the cable, so I did so. once the garage door went up I began to drive through it (I did not wait or take a long time to go through it) but once I was half through it the garage door fell onto my car. so I stepped harder onto my gas so that my car didn't get crushed. once I cleared the door I got out of my car to look at the damage and noticed that my antenna was broken off, the roof of my car had scratches on it (I drive a convertible so the rag top had the scratches) and I tried to put the top of my car down and it went down really slowly and didn't go down as far as it used to. if I drove with it down I wouldn't be able to see behind me. a girl that I go to school with can out of the garage right behind me she got out of her car and said that she saw the whole thing and to go tell someone. so I went into the building and talked to the building manager. she told me that we could go through insurance, but my insurance doesn't cover that. so she told me that I could go and get a quote for the costs of the damages and she would THINK about paying for half of the damages. although I really have a big feeling that she is not going to pay for anything. she got some guys that work for the building to go take a look at the garage door and they said that there was no problem with it. but I watched them take a look at it and it looked like all they did was watch if it went up and down for other cars they didn't actually take a close look at the joints and parts of the door. so I filed a police report that day. and I took pictures that night showing that she did not put up a sign saying "door broken" o r "use at own risk" so its pretty much like everything I said to her was in one ear and out the other. and it seems like she doesn't really care if other people get injured, because she is not warning anyone about the fatly door. I also took pictures of the scratches on the roof of my car, which are not that bad, but I am more upset about the fact that my convertible does not retract all the way anymore. so I was wondering if you think I should take this women to court and sue her if she doesn't pay me, or even if she only pays me half; I really do not think I should be paying for one penny of the damages, its not my fault. and do u think I should sue her for anything else?

Answer

Based on what you say here, you could probably file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...