ADAguy
REGISTERED
Can an owner be held responsible for failure to call for a toe-away if an accessible parking space is occupied by a car without a hang tag or a motorcycle parked in an access aisle?
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Who is responsible for enforcing tow-aways on private property?
- Thread starter ADAguy
- Start date
mark handler
SAWHORSE
Who is responsible?
The person parking illegally.
Who can order the tow?
Police or property owner can have the car towed
The person parking illegally.
Who can order the tow?
Police or property owner can have the car towed
Police will write a ticket....maybe. Forget towing the vehicle. Now if a property owner tows a vehicle from a public parking lot......well that's grand theft auto.
mark handler
SAWHORSE
fatboy
Administrator
Correct.....our Code Enforcement office actually has posting stickers for folks to pick up.
tmurray
SAWHORSE
It is conceivable that a business could be held jointly liable for damages in this situation. In Canada, we have generally used the Anns test for this.
1. The parties must have a sufficiently close relationship for the party acting negligently to have considered the impact on the damaged party.
2. The damages must have been reasonably foreseeable.
So, the individual would have to prove that the property owners or their agents/employees were aware, or should have reasonably been aware, that the vehicle was parked there without a placard. This would be almost impossible unless they admitted to noting that the vehicle was parked illegally. Then they would have to demonstrate what their damages were in order to be compensated. Not the violation of their human rights; the person who parked there was the one that violated those. Simply, what financial hardship was imposed by the property owner's decision not to take action.
ADAguy
REGISTERED
If I understand you all correctly, it is the owner's duty to provide accessible spaces and to post but not to maintain 24 hour survelience?
It is the owner's duty (if informed) to call for a tow of an illegally parked vehicle?
It is the owner's duty (if informed) to call for a tow of an illegally parked vehicle?
mark handler
SAWHORSE
A property owner has the right to remove unauthorized or illegaly parked cars on their property.
IF the Property is properly posted.
Must they, NO.
Duty? TO Whom?
IF the Property is properly posted.
Must they, NO.
Duty? TO Whom?
ADAguy
REGISTERED
Point in question is can a disabled individual sue a property owner if a non-disabled person over parks the lines of the access aisle, limiting a van users ability to exit a van,
or is the responsible party in fact the non-disabled person?
or is the responsible party in fact the non-disabled person?
mark handler
SAWHORSE
Legal Issues not a Building code issue.
fatboy
Administrator
In this litigious society....anyone can be sued for anything.
I would hope it would be a hard sell to make a property owner responsible for someone else breaking the law.
ADAguy
REGISTERED
In CA, unfortunately, it is seen as the "land of opportunity". Anyone can and will sue over anything, especially involving access.
VillageInspector
Sawhorse
While I agree this is not a code issue it seems to me that the operator of the motor vehicle would be responsible for the parking of his/her vehicle.
ADAguy
REGISTERED
On the surface that would appear logical but not to the disabled van owner who believes otherwise and choses to sue everybody [low hanging fruit?] (smiling).