Curb rips thru radiator in movie parking lot - who pays?

Curb rips thru radiator in movie parking lot - who pays? »Play Video

BOISE, Idaho (KBOI) - Jamie Lloyd said he was pulling into a parking spot to go to a movie at The Northgate Reel Theatre on State Street last March.

He said as he was inching his way up to the curb, he was pulled into a dip and bottomed out his car's radiator on the curb. 

"Coolant (was) everywhere," Lloyd said.

Lloyd said he contacted Collier International, the owner of the property, to find out if they would pay for his new $600 radiator. They wrote back to him saying, "Unfortunately, the property owner does not have any liability for damage to your car in the parking lot. This is similar to other situations in which a car is broken into or hit by another car in the lot, where the property owner also is not liable for the damage. However, we will certainly address the dip in the asphalt the next time we do repairs and seal coating."

KBOI 2News asked local attorney Kurt Holzer, who should be at fault for the damages, but he said there are a lot of factors to decide.

"This particular shopping center, I understand, is one that's been there for quite a long time," Holzer said. "Has this happened before; is there something that caused it to be lower or did he pull up to too far in the parking spot?"

Holzer did say that a customer does have reasonable expectation to park in a private lot without having any damages.

"Is it unreasonably dangerous to the property that you've invited on? That's the standard. Have you acted as a property owner reasonably," Holzer said.

KBOI 2News contacted the local Collier International office and they said they would have to talk with their supervisors. We have not heard back.