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richms

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#101622 4-May-2012 23:11
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I crunched my bumper and front guard on a bollard that I didnt see at a carpark today. Is there a minimum standard they have to adheire to as far as height? If there is I am sure it is short on it so I will go back and measure it and see what action I can get against the carpark owner (its a hospital so I have no problems taking them to disputes over it)




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mattwnz
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  #619897 4-May-2012 23:28
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richms: I crunched my bumper and front guard on a bollard that I didnt see at a carpark today. Is there a minimum standard they have to adheire to as far as height? If there is I am sure it is short on it so I will go back and measure it and see what action I can get against the carpark owner (its a hospital so I have no problems taking them to disputes over it)


There maybe an NZ standard, but typically they are between 900-1200mm. Try the NZ standards website.



kontonnz
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#619902 4-May-2012 23:47
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ROFL

don't you read the fine print when you enter a private car park? when u enter they don't take responsibility for any damage to your car.... good luck on trying tho.  (i wouldn't take on someone with deep pockets like they do tho)

besides which they can always argue that you went over to fast, or even your vehicle could be lower, unless you can show multiple vehicles have been dmged....



richms

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  #619917 5-May-2012 00:39
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If I was trying to drive over a bollard I would have bigger problems than a bumper and fender with a scrape on it.

The bollard was infront of the exit machine, I was backing up to let someone go out first since it wouldn't take the piece of paper I was giving it and I needed to find the other piece of paper that the pay machine gave me to see if that was the one I was supposed to be using instead.

The bollard was considerably lower than the machine it was protecting, and not really visible unless I was to lean fowards. Its the sort of thing that there _should_ be standards to cover.

I know that you can go after carpark owners if they put those barrier things in carparks at absurdly high heights so they take off your bumper nomatter the warnings they put up all over the place. Warnings in fineprint terms and conditions dont get them off the hook for negligence.




Richard rich.ms



mattwnz
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  #619928 5-May-2012 01:09
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richms: If I was trying to drive over a bollard I would have bigger problems than a bumper and fender with a scrape on it.

The bollard was infront of the exit machine, I was backing up to let someone go out first since it wouldn't take the piece of paper I was giving it and I needed to find the other piece of paper that the pay machine gave me to see if that was the one I was supposed to be using instead.

The bollard was considerably lower than the machine it was protecting, and not really visible unless I was to lean fowards. Its the sort of thing that there _should_ be standards to cover.

I know that you can go after carpark owners if they put those barrier things in carparks at absurdly high heights so they take off your bumper nomatter the warnings they put up all over the place. Warnings in fineprint terms and conditions dont get them off the hook for negligence.


There are 'parking building standards' covered by the NZ standards office, so that may cover them. i am sure there will also be OSH ones, as if they are twoo short and not easy to see they could be a health hazard.

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  #620126 5-May-2012 15:02
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kontonnz: ROFL

don't you read the fine print when you enter a private car park? when u enter they don't take responsibility for any damage to your car.... good luck on trying tho.  (i wouldn't take on someone with deep pockets like they do tho)

besides which they can always argue that you went over to fast, or even your vehicle could be lower, unless you can show multiple vehicles have been dmged....


I believe you think he's referring to speed bumps, which he is not.

richms: If I was trying to drive over a bollard I would have bigger problems than a bumper and fender with a scrape on it.

The bollard was infront of the exit machine, I was backing up to let someone go out first since it wouldn't take the piece of paper I was giving it and I needed to find the other piece of paper that the pay machine gave me to see if that was the one I was supposed to be using instead.

The bollard was considerably lower than the machine it was protecting, and not really visible unless I was to lean fowards. Its the sort of thing that there _should_ be standards to cover.

I know that you can go after carpark owners if they put those barrier things in carparks at absurdly high heights so they take off your bumper nomatter the warnings they put up all over the place. Warnings in fineprint terms and conditions dont get them off the hook for negligence.


The standard only states that "protective devices shall be clearly visible to drivers when in their normal driving position".  However, they could argue that your car's seats are slightly lower than an average vehicle's, or that your seat was back too far, or any number of entirely too subjective statements.

What I'm more interested in though, is that you're more than happy to take them to the disputes tribunal because they're a hospital?  What sort of stuffed up logic is that?  The last thing hospitals need to do is spend more money on frivolous legal action that they could be spending on healthcare.

richms

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  #620138 5-May-2012 15:33
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Not worried that they are a small business would be more what I mean.

Looks like its the headlight too so I will see what my excess is and might just put a claim in.




Richard rich.ms

 
 
 

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Kyanar
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  #620146 5-May-2012 15:56
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Ah, that makes sense. To give you a bit of perspective though, the current (I'm hoping satirical) email signature used on internal email at a major DHB is "Please consider the environment (and XXXX's budget) before printing this email"... if they're that worried over a 10c print job...

Your biggest problem would definitely be the subjective nature of the standard (part 2.4.5.5 of AS-NZS 2890.1-2004, if you're curious) which leaves it way too open to argument from the building owner. Considering it's a mandatory requirement too, they could argue that the construction being signed off indicates compliance with the standard.

geek4me
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  #620201 5-May-2012 18:05
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Maybe the hospital will take you to disputes for damaging their bollard?

mattwnz
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  #620223 5-May-2012 18:57
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geek4me: Maybe the hospital will take you to disputes for damaging their bollard?


I doubt there will be any damage to it, as they are pretty tough, perhaps just paint. Could make quite a good fair go story, it is the type of trivial story they take on these days....first world problems and all that.

jaymz
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  #620653 6-May-2012 20:10
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richms: I crunched my bumper and front guard on a bollard that I didnt see at a carpark today. Is there a minimum standard they have to adheire to as far as height? If there is I am sure it is short on it so I will go back and measure it and see what action I can get against the carpark owner (its a hospital so I have no problems taking them to disputes over it)


LOL, you can't be serious.

You are planning to take legal action against the car park because you crashed your car into something you didnt see?

I'm sorry, but that sounds very stupid to me.

How do you find high curbs?  Some of them are high enough to scrape or damage some bumpers, would you take legal action against the car parks they are in?

stevenz
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  #621087 7-May-2012 16:49
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There should be some sort of standard for car-park judderbars too, some of them are nigh equivalent to driving up a curbing.

I guess the bigger the bollard, the bigger the cost. Regardless, courier drivers will still be able to destroy them!




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