The complex I live in has zero parking area for guests. I have one spot assigned and I pay 30$ for the 2nd spot. I had a guest visiting with a toddler and I parked my car on the street so they wouldn't have to walk up the hill and it was stolen overnight. I'm a full time student and part time waitress and am now struggling even more than I was because of this.
Although every lawsuit is fact specific, I think it is doubtful that you will be able to establish that the property management company had a legal duty to protect your vehicle parked on the street.
Premises liability is a form of negligence in which the landowner has a duty to exercise ordinary care in the management of the premises to avoid exposing persons to an unreasonable risk of harm. (Brooks v Eugene Burger Management Corp. (1989) 215 Cal. App. 3d 1611, 1619.)
To win, you would have to establish that the property management company had actual or constructive knowledge of the probability of auto thefts for vehicles parked on the street.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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