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Who is responsible for auto break in on private parking lot

Memphis, TN |

I was at work last night. When I left the building, my car had been broken into. I called the police, they took the report, I called my auto insurance and repairs to my car will be paid, minus the deductible but the items that were stolen out of my car will not be covered. Who is responsible for these items stolen out of my car?

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Attorney answers 1


There really are two components to the answer to your question. The first one is: is there available insurance coverage that will pay you for your loss. The second component is: who is legally responsible for your loss.

As a practical matter, if you have homeowner's insurance, you should check your policy to determine if the loss is covered under that policy. You may also want to check with your employer and ask if they have an insurance policy that may cover this loss.

We do not practice in TN, so the laws there may be slightly different, but as a general rule, property owners have a duty to make sure that their premises are safe and that there are no latent defects. If this duty was not met, the property owner may be liable to you for the value of your loss.

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