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Can I sue for my car being wrongfully towed from a parking lot, and breaking my arm while running to retrieve it?

Wesley Chapel, FL |

My car was towed from a shopping plaza where I left my fiancee shopping while I went across the street for about 20 minutes. When I returned the car was gone. I called the towing co listed on the posted signs and they had my car. I then called the security officer for the plaza and explained my fiancee was shopping there. He told me to get her receipt and call him back... he never answered his phone again. I spoke with the company that owns the plaza and they told me to take the receipt to the towing co.

Now the towing co was closing in 30 mins and my ride called saying they may not make it in time. So I decided to run the 3 miles to the towing co and in the process I tripped and broke my arm. The towing co wouldn't take my receipt either.

So I'm stuck. What do you think?

Attorney Answers 2

  1. You should not have to pay for the tow. They are not responsible for your broken arm. Using the same logic, your delayed ride is responsible because if they had shown up on time you would not have had to run.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Your broken arm is not connected legally to the harm caused by the tow. So, you are stuck. You can continue to pursue the wrongful towing, for what that is worth.