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re: Does an employer have any liability if your vehicle is broken into in their parking lot

Posted on 9/6/17 at 10:05 am to
Posted by jchamil
Member since Nov 2009
19497 posts
Posted on 9/6/17 at 10:05 am to
quote:

The answer is yes. Is it worth going after the company? More than likely not


So based on what legal justification is the employer liable for the attempted break in of an employee's car? Do you also think that if you have a friend over to your house and their car is broken into that you are liable for it?
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 9/6/17 at 10:06 am to
only if it is a private "secured" parking lot where you are promised to have someone watching over your vehicles, and even then, you would have to show they in some way did not make basic reasonable attempts to secure the parking lot, which doesnt have to be much more then having security cameras and gates
Posted by King George
Member since Dec 2013
6088 posts
Posted on 9/6/17 at 10:06 am to
quote:

Not unless they voluntarily accept responsibility...in which case, they would likely have a secured parking area
He works at an airfield so you'd think they'd have a secured parking area. He literally parks 50' away from the planes.

Thanks to those of you with positive input.
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 9/6/17 at 10:08 am to
quote:

Yeah, me trying to find some facts is exactly what's wrong with this country. Not the pants-sagging democrat that busted up my son's truck trying to take what my son earned because he's not getting a job anytime soon


And your remedy is to take it back through the employer that had no control over the situation.
Posted by BIGJLAW
Member since Mar 2013
9019 posts
Posted on 9/6/17 at 10:20 am to
Simple answer is no.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
78429 posts
Posted on 9/6/17 at 10:35 am to
quote:

Not unless they voluntarily accept responsibility...in which case, they would likely have a secured parking area.




The wife's car was hit in her employers secured parking lot with video surveillance. Had it nailed down to about 30 minutes. They wouldn't even turn over who swiped in/out during that time.

Found out there was basically nothing we could do. Just use our own insurance.
This post was edited on 9/6/17 at 10:36 am
Posted by REB BEER
Laffy Yet
Member since Dec 2010
18089 posts
Posted on 9/6/17 at 10:49 am to
My truck was stolen from our office parking lot a few years ago while I was in Miami working.

The boss said I could use a company vehicle until I got a new truck, but unfortunately the company had no responsibility replacing mine.
Posted by Delmore1951
Homer La
Member since Aug 2017
908 posts
Posted on 9/6/17 at 10:51 am to
That's a big fat no
Posted by yellowfin
Coastal Bar
Member since May 2006
98954 posts
Posted on 9/6/17 at 11:00 am to
quote:

The answer is yes.


Repeating something isn't going to make it true
Posted by TigerBait2008
Boulder,CO
Member since Jun 2008
40491 posts
Posted on 9/6/17 at 11:10 am to
quote:


The answer is yes


No, no its not idiot..
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59317 posts
Posted on 9/6/17 at 11:20 am to
quote:

Your vehicle insurance is responsible (if you have comp coverage)



FIFY
Posted by Tuscaloosa
14x Award Winning SECRant user
Member since Dec 2011
50634 posts
Posted on 9/6/17 at 11:27 am to
Depends on what you mean by liable I guess. The company's insurance might pay for it, but there are a lot of factors that play into that though.

If they have a business auto policy and your son's truck is in any way used as a part of his job, their insurance may pay. Other than that, you're probably looking at an "assumed risk" situation, where leaving your car unattended in a parking lot isn't something that a 2nd party would be liable for.
Posted by Hot Carl
Prayers up for 3
Member since Dec 2005
62715 posts
Posted on 9/6/17 at 11:28 am to
quote:

Yeah, me trying to find some facts is exactly what's wrong with this country. Not the pants-sagging democrat that busted up my son's truck trying to take what my son earned because he's not getting a job anytime soon.


Sweet, you have video. Perhaps take it to the cops?
Posted by OMLandshark
Member since Apr 2009
120445 posts
Posted on 9/6/17 at 11:30 am to
If your son works on a secure campus with security, then yeah the security guards are in deep shite. But if it's just a random parking lot or parking garage, and someone just happens to break into it, no.

quote:

I'm not sure what the security situation is at this location but I'm trying to find out.



Does your son have to show a badge to get into the parking lot and is it gated? If neither of these things, you're shite out of luck.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57012 posts
Posted on 9/6/17 at 11:33 am to
quote:

Does your son have to show a badge to get into the parking lot and is it gated? If neither of these things, you're shite out of luck.


Just because there is security, doesnt mean they property has any liability. The security isnt there to protect the vehicles.
Posted by jpainter6174
Boss city
Member since Feb 2014
6729 posts
Posted on 9/6/17 at 11:44 am to
I live in haughton if your ever in the area I'll give you email and we can meet up.
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
49688 posts
Posted on 9/6/17 at 11:46 am to
If it is just a open lot maybe not. But if if it is gated I would say yes.
Posted by bigwheel
Lake Charles
Member since Feb 2008
6491 posts
Posted on 9/6/17 at 11:48 am to
Does your son have comphrensive coverage, if so it's vandalism claim subject to a deductible
Posted by SouthMSReb
Member since Dec 2013
4744 posts
Posted on 9/6/17 at 1:33 pm to
quote:

No, no its not idiot..


Sigh...

The employer could be liable... However, most employer's insurance policy would have an exclusion that would not cover this. Like others have said, if your employer is in fact providing secure parking, then yes, the employer is definitely liable and either them or the 3rd party security company will have to pay out for the claim. If they aren't, then they could still be liable since the theft happened on premises.
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 9/6/17 at 2:04 pm to
quote:

He works at an airfield so you'd think they'd have a secured parking area. He literally parks 50' away from the planes.
Well, there is a remote possibility of maintaining a negligent retention or entrustment claim if they knowingly or negligently employed a person known to break into cars and then gave him unsupervised access to other employees cars and then he tried to break into your sons car. It is a bit of a stretch and will cost you a ton of money in legal fees trying to prove it. Good luck.
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