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

Asked 10 months ago - North Miami Beach, FL

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)

  1. 12

    Lawyers agree

    Answered . 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.

  2. 5

    Lawyers agree

    Answered . 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.

  3. 6

    Lawyers agree

    Answered . 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... more
  4. 3

    Lawyers agree

    Answered . 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.... more
  5. 1

    Lawyer agrees

    Answered . 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... more
  6. 1

    Lawyer agrees

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

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