legal question

Mookow

Lifer
Apr 24, 2001
10,162
0
0
OK, background info first:
I go to Ohio State, and live in a duplex with 9 guys, total. Four of them live on one side with me, but we all get along. Anyway, we had the idea of selling parking spaces behind our house on home game days. The stadium only seats 100K, so parking is pretty tight, and we are getting $15 for a spot, on the grass in our backyard, triple to quadruple parked. We usually fit 12-14 cars in here. We take our profits, and have Kegs and Eggs prior to every home football game.

So, anyway, we park 13 cars/SUVs last weekend. One of them is a Chevy SUV with the side mirrors that fold flat along the sides. This is driven by a lady, who has three passengers, one female, 2 male, all of them, driver included, look to be 25-30. They park, pay their $15, no problems... until they go to leave. Now, they had folded the mirrors on their own, according to the "lady", when they went to unfold the drivers side, the mirror had been knocked out of its place, and was dangling by a wire/cable (our backyard is not well lit, and I was not there when the flashlight was brought out). So, she immediately starts threatening to sue. Seriously, its the first thing out of her mouth. My first reaction is to tell her to go pound salt, but, as I have aged I have matured, so I attempted to reason with her. This is difficult, because she reeks of beer, and is visibly drunk. But, I am nothing if not hardheaded, so I go at it a few rounds, staying calm and sticking to the facts. She wants the license plate number of the guy next to her, who was driving a Pontiac Grand Am, saying that he obviously hit her mirror, with his car. Now, the Grand Am is, at no point, as high as her side mirror, unless you include the antenna on the Grand Am. I point this out, and she sits there, with this priceless look on her face. After about 10 seconds, she just continues on in rant mode like that part of the arguement never happened. Its important to note, we saaw her pop the mirror back into place prior to driving off.


Anyway, here are the basic arguements:
Her: You are responsible for damages, you didnt say you weren't, its implied. (rant continues, something about how she is a replublican, she "pays taxes to keep the roads in order", and how "she was just trying to help some poor college students out" by paying $15 for parking [apparently the fact that there is no other option for parking never crossed her mind... also reported absent was the phrase "fair market value"])
Me: we never said we accept responsibility for your car's condition on our yard. When it comes to the law, NOTHING is implied.
So, anyway, we gave her our house phone (mainly to shut her up), and havent heard from her since. If she does call wanting restitution, I'm going to ask for an invoive or a reciept, to check if she is trying to scam me. Once/If provided with one, I'm going to tell her where to shove it, unless its shown that I am liable.

P.S. On a side note, the guys with her (both drunk) almost managed to pick a fight with me, and later, after I just walked away, with my housemate. The funny thing was, there were 6-7 of us from the house out there at all times, all of which were bigger than either of them. I kind of regret not allowing them to start something (I just walked away), but then again, not fighting was probably the smart move in this case.
 

Yer fine. In the future though, have a sign saying that you are not responible for anf damage or theft from the cars. It cant hurt.
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: OmegaNauce
Yer fine. In the future though, have a sign saying that you are not responible for anf damage or theft from the cars. It cant hurt.

Thats what are already planning on doing :)
 

bmacd

Lifer
Jan 15, 2001
10,869
1
0
Originally posted by: OmegaNauce
Yer fine. In the future though, have a sign saying that you are not responible for anf damage or theft from the cars. It cant hurt.

i'm going to have to agree with OmegaNauce on that. Consult a lawyer if this broad is serious.

-=bmacd=-
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Originally posted by: OmegaNauce
Yer fine. In the future though, have a sign saying that you are not responible for anf damage or theft from the cars. It cant hurt.
Yeah, most garages have such a sign, so it's a good idea.
 

MichaelD

Lifer
Jan 16, 2001
31,528
3
76
The sign is an excellent idea, and a legal disclaimer. I am familiar w/what you're doing b/c many people in my city do the same thing w/their property. However:

1. That money you make is income. You are not paying taxes on it or claiming it. It is illegal income. So are the non-claimed tips I make at Job#2; just letting you know.

2. You are, in effect, running a business, without a license, insurance or record-keeping. You can be fined by your county, city and possibly the state.

That woman was a real bitch. The first, but NOT the last one you'll meet. Eventually, someone will park at your place with the INTENT of setting you up...and it'll be a real mess when the cops show up and want to see your business license and certificate of insurance.

I wish you luck. You are trying to make an honest buck and I can appreciate that. Unfortunately, the society we live in doesn't like things like that. Most probably, you'd get away with a warning. Would I stop if I was you? mmmmmmm....probably not. :D $15 x 10 is an easy $150. more than pays for beer and munchies for the game. Just have a big, portable sign stating you're not responsible for any damage, theft or act of God that happens to the vehicle...park at your own risk.
 

kherman

Golden Member
Jul 21, 2002
1,511
0
0
Here's a good one. if she presss charges and tries taking you to court or whatever, tell her to supply a receipt as proof that she parked there.
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: MichaelD
The sign is an excellent idea, and a legal disclaimer. I am familiar w/what you're doing b/c many people in my city do the same thing w/their property. However:

1. That money you make is income. You are not paying taxes on it or claiming it. It is illegal income. So are the non-claimed tips I make at Job#2; just letting you know.

2. You are, in effect, running a business, without a license, insurance or record-keeping. You can be fined by your county, city and possibly the state.

That woman was a real bitch. The first, but NOT the last one you'll meet. Eventually, someone will park at your place with the INTENT of setting you up...and it'll be a real mess when the cops show up and want to see your business license and certificate of insurance.

I wish you luck. You are trying to make an honest buck and I can appreciate that. Unfortunately, the society we live in doesn't like things like that. Most probably, you'd get away with a warning. Would I stop if I was you? mmmmmmm....probably not. :D $15 x 10 is an easy $150. more than pays for beer and munchies for the game. Just have a big, portable sign stating you're not responsible for any damage, theft or act of God that happens to the vehicle...park at your own risk.

Hmmmm... maybe I should change the sign to "$15 donation"... but you probably have to register a charity, and the "thirsty students of OSU" fund might not work... ;)

EDIT: for the part about claiming it, isnt that something you do at the end of the year? So wouldnt they be unable to prove that I would not claim it?

EDIT #2: This is not the first b!tch I have met, just the first one that has tried to screw me in this parking operation
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: kherman
Here's a good one. if she presss charges and tries taking you to court or whatever, tell her to supply a receipt as proof that she parked there.

Oh... I like that one. My other thought was giving her the cost of repair to her mirror, then going and flipping her SUV, and making sure I break off both mirrors in the process.
 

bGIveNs33

Golden Member
Jul 10, 2002
1,543
0
71
Originally posted by: Mookow
Originally posted by: kherman
Here's a good one. if she presss charges and tries taking you to court or whatever, tell her to supply a receipt as proof that she parked there.

Oh... I like that one. My other thought was giving her the cost of repair, then going and flipping her SUV.

That is exactly what I would do.
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: MichaelD
I wish you luck. You are trying to make an honest buck and I can appreciate that. Unfortunately, the society we live in doesn't like things like that. Most probably, you'd get away with a warning. Would I stop if I was you? mmmmmmm....probably not. :D $15 x 10 is an easy $150. more than pays for beer and munchies for the game. Just have a big, portable sign stating you're not responsible for any damage, theft or act of God that happens to the vehicle...park at your own risk.


Actually, our cost runs about $80, for the kegs, eggs, and ice. We are thinking about having a hairy buffalo and hot tub party in a couple of weeks during an away game... think about it, hairy buffalo and a hot tub are both chick bait, so women in bathing suits + football = :D
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: MichaelD
Um...I'm old.

WTH is a "hairy buffalo?" :eek:

You take some fruit (I usually use apples and pears), slice it up, and put it in Kool-Aid. Of course, you make the Kool-Aid so that it is at least 40 proof, by adding Everclear. You let that sit for a couple of days, and the result tastes just like Kool-Aid.
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: Mookow
Originally posted by: MichaelD
Um...I'm old.

WTH is a "hairy buffalo?" :eek:

Actually, I just made some. Its a little rough right now, but it should be good by Saturday... or next Saturday, for that matter. Due to its high alcohol content, it will keep forever in the fridge.
 

jemcam

Diamond Member
Jan 3, 2001
3,676
0
0
If she's got any sense, she'll just turn it into her insurance company, it's covered under her comprehensive. You did not cause the damage, even if it did happen while at your lot. She has to prove that you were liable. The definition of liability is quoted below. In any case, most lawyers will tell her that suing someone with no assetts is pretty stupid. It will cost her more money that what she stands to receive even if she gets a favorable judgement in a worst case scenario for you.

I wouldn't sweat it. I've initiated a couple of lawsuits myself, and they are VERY expensive. I'm talking several thousand or more. I'd just let her make her move.

Oh and those signs are worthless. At best, they may make somebody think twice about even threatening something like this biotch did.

LIABILITY - Any legal responsibility, duty or obligation. The state of one who is bound in law and justice to do something which may be enforced by action. This liability may arise from contracts either express or implied or in consequence of torts committed.

I think they may have to prove intent, or you knowledge of intent. A reasonable and prudent person would accept the fact that their car could be damaged by another when parking anywhere. I've never heard of someone succesfully suing a grocery store for damages sustained in their lot, although it's a little different because they paid you to park there. Must be some case law out there for people who've tried to sue parking garages.
 

MichaelD

Lifer
Jan 16, 2001
31,528
3
76
Ahhhh, I understand. After a pitcher of that, you must feel like a hairy buffalo too. Hahahah! I have to try that. I haven't had Everclear in years. I remember why too....horrid hangover. :p
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: MichaelD
Ahhhh, I understand. After a pitcher of that, you must feel like a hairy buffalo too. Hahahah! I have to try that. I haven't had Everclear in years. I remember why too....horrid hangover. :p

If you can drink a pitcher of MINE and still feel anything, I'll be quite impressed. I usually make it 1:3 in terms of Everclear to water, when its for my personal consumption. The works out to 64oz * .25 = 16oz Everclear. I've done it, but its rough unless you drink a lot of water. Oh, and in those proportions, you have to remember one thing: time helps. In other words, you dont drink it until AT LEAST one week after you make it. Here are some other tips on making it:
-make the Kool-Aid mix at least 25% stronger than you usually do
-extra sugar helps hide the burn of Everclear
-as does more fruit (at least 3 pieces for 64oz) + time in the fridge

I cannot over emphasize the importance of aging this stuff for a week or two.
 

Ns1

No Lifer
Jun 17, 2001
55,419
1,599
126
Originally posted by: Mookow
Originally posted by: MichaelD
Um...I'm old.

WTH is a "hairy buffalo?" :eek:

You take some fruit (I usually use apples and pears), slice it up, and put it in Kool-Aid. Of course, you make the Kool-Aid so that it is at least 40 proof, by adding Everclear. You let that sit for a couple of days, and the result tastes just like Kool-Aid.

isn't that jungle juice? out here, we just grab coolaid, slice fruit, throw in all the alcohol we can find, let it sit, then drink (it tastes fine) and eat the fruit, which really fvcks you up
 

Mookow

Lifer
Apr 24, 2001
10,162
0
0
Originally posted by: NeuroSynapsis
Originally posted by: Mookow
Originally posted by: MichaelD
Um...I'm old.

WTH is a "hairy buffalo?" :eek:

You take some fruit (I usually use apples and pears), slice it up, and put it in Kool-Aid. Of course, you make the Kool-Aid so that it is at least 40 proof, by adding Everclear. You let that sit for a couple of days, and the result tastes just like Kool-Aid.

isn't that jungle juice? out here, we just grab coolaid, slice fruit, throw in all the alcohol we can find, let it sit, then drink (it tastes fine) and eat the fruit, which really fvcks you up

I've heard it called jungle juice, yeah. But while you can make jungle juice with just about any form of high proof beverage, hairy buffalo is almost always made with only Everclear, at least thats how everyone that I know makes it.