This is related to this question about towing a vehicle without a valid parking permit in Texas.
It turns out that the vehicle was also stored at a storage facility that was not accessible by foot. There was some construction of the sidewalk and the only way for a pedestrian to reach the facility was by walking into oncoming traffic. Coincidentally, the one handicapped space that the storage facility had was not properly marked and had a torn cardboard sign that was ajar and perpendicular to the line of sight of anyone parking there.
Between the handicapped parking space and the pedestrian access issue, would someone have any legal standing claiming that the storage facility should not have been used by the towing company? If so, by what statute or case law precedent?
I ask the question because it turns out that there is precedent for the court to award damages to someone who was assaulted on the way to pick his car up after it was towed - Vasquez v JC Towing. The Court ruled in Vasquez favor after he was able to show that the signage in the lot from which his car was towed did not meet state code and, as such, the vehicle should not have been towed and had it not been towed he never would have had to make his way to the storage facility and the assault would never have taken place. In this case, one might argue that the towing facility endangered anyone coming by foot to pick up their car because of the construction around the facility (the handicapped parking space would be a separate issue).
