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I pay a fee to park 24/7 at a parking garage.My vehicle was broken into. The company said they are not liable. Are they liable?

San Diego, CA |

I am a "Monthly Parker" at a San Diego parking garage that is run by a very well known company in San Diego. I parked my vehicle in the parking structure late Sunday night. I have been a "Monthly Parker" at this parking garage for 3 months. Before I left my vehicle in the parking structure to walk back to my house I said hello to the 2 security guards who happened to be on the floor where my vehicle was parked . There was a suspicious person not too far away from my vehicle . I went downstairs and let the person working know about the suspicious person. I was told security would check it out. This morning, I went to my vehicle-the window was broken and there was theft. I went to the office downstairs and told the worker what happened-I was told that they are not liable-Are they liable?

Attorney Answers 5

Posted

This is not a criminal question. You need a contract/business lawyer who knows about bailments (entrustment of another's property).

On the criminal law side, IF the person who broke in is ever caught and prosecuted he/she/they will probably have to pay you restitution.

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Posted

As noted by Mr. Cohen, your question should be directed to a civil attorney with experience of these matters. Good luck to you.

This answer is for general informational purposes only and shall not constitute legal advice. I have answered a question on a public forum which does not establish any attorney-client relationship. For a more detailed legal analysis you should consult with a legal professional in your area.

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Posted

I've added business as a practice area. Perhaps you'll get some more detailed answers.

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Posted

It will depend on what basis you claim they are liable. If they were negligent somehow then they could be liable but the fact your window is broken does not indicate that they were negligent. It will depend on how and who broke your window.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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Posted

Most parking lots issue some kind of waiver with their tickets and you park at your own risk. You would have to prove they owed you a duty and they violated the duty... Your better bet may be to contact your insurance company

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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