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My motorcycle was parked in my assigned parking spot and when I returned home from work it was stolen.

North Miami Beach, FL |
Filed under: Personal injury

There is a security guard on duty till 3 or 4 am. They also have cameras positioned at all entrances of the physical building but not entering the parking lot. I rent at this condominium. Is there anything I can do to recoup my loss in reference to the security or the association.

Attorney Answers 6

Posted

I'm certain your Lease protects everybody except you in this situation but you should file a complaint with the local authorities and call your insurance company ASAP.

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Posted

Your rental agreement no doubt contains waivers of liability for the condominium complex. In addition, by your own recitation of the facts, there is a period during the night without a security guard and no video of the parking lot. You need to contact your vehicle insurance company and the police.

The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

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1 comment

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

agreed

Posted

That is why you are supposed to carry insurance on your motorcycle against theft.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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Posted

You should turn it over to your insurance company, as that is why you have insurance.

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Posted

Generally, NO. Property owners are not responsible for the criminal acts of third parties. While its possible you might make a claim against the security company, you would have to prove some level of negligence on thier part and unfortunately, the cost of a motorcycle, unless it was a high end custom would likely limit the attorney's fees you could justify spending to address the issue. Hopefully you had insurance on the bike.

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Posted

Probably not. Unless you can prove that the security was negligently completed (not just ineffective in this situation) and a cause of the theft, you will lose. I have never seen a negligent security case brought for only property damage, but it is possible. Usually there has been a rape, crippling attack or death. The cost of bringing your case will exceed $20,000 easily. So, unless your bike is very valuable, just make a claim under your insurance policy.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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