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spry-heron-790

Drove over an unmarked hazard in a parking lot — is the property owner liable?

So this happened two days ago and I'm still frustrated trying to figure out what my options are.

I pulled into a shopping center parking lot I've been to maybe a dozen times. There's always been this raised concrete island in the middle of one of the lanes — it used to have a bollard on it with a bright orange reflective sleeve, so it was super obvious. Well apparently they removed the bollard at some point and never repainted the curb or put up any other marker.

It was dusk, the sun was hitting my windshield at a bad angle, and I just... didn't see it. Rolled right over the edge of that concrete island at maybe 10 mph. The scraping sound was awful. Pulled over immediately and found my front bumper cracked, my splash guard torn off, and worst of all there's now a slow fluid leak — my mechanic thinks it might be a cracked oil pan or a damaged transmission line. Still waiting on the full diagnosis but he's already said it won't be cheap.

Here's where I'm confused: I wasn't speeding, I've navigated this lot before with zero issues, and the only reason it was a surprise is because they removed the thing that made it visible. Does that matter legally? Like, does a business have a responsibility to keep hazards properly marked in their lot?

I have photos from right after it happened — the bare concrete stub, no paint, no reflector, nothing. My mechanic is documenting the damage too.

Has anyone dealt with something like this? Do I even have a case, or am I just eating this repair bill myself?

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