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Old 11-28-2014, 08:39 AM
 
Location: CT
706 posts, read 640,365 times
Reputation: 403

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Hi My car was broke into (brooklyn) in my building last night. The building has security in the parking garage, a good amount of stuff was taken. I didnt go to the landlord yet but who would be liable for any damages that this has caused me and the stuff that was taken. Can I go after the building managment company? What can I do, or am I SOL.
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Old 11-28-2014, 09:18 AM
 
Location: Fair Lawn, NJ
191 posts, read 324,023 times
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Almost every garage in the city I've been to has a sign that says "they are not responsible for theft, etc". You should check your lease (or whatever other paperwork you may have) regarding the garage/parking situation.

My guess is there will be something in fine print that says they are not liable.
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Old 11-28-2014, 11:05 AM
 
64,527 posts, read 66,075,955 times
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you have zero claim.

inside parking in a building is only a convience that saves you the hassle of finding street parking and carries with it no more claim to protection or security than parking on the street.

unless the landlord put it in writing that they are offering you security they are no more liable for anything than you parking on the street.


i know this because we had a rash of vandalism in our indoor parking garage and spoke to an attorney about it. we have a guard booth in front of our building so we wanted cameras in the garage aqnd the guards to monitor it.

we were told no by the landlord so we asked our attorney about it.

anything they do to offer security in the garage could make them liable for it the same as if they got a guard to watch your car on the street and something happened.

i can understand that point now.
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Old 11-28-2014, 12:17 PM
 
Location: NYPD"s 30th Precinct
2,420 posts, read 4,192,998 times
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The landlord/management company is definitely going to say no. You can attempt to fight it, but I wouldn't count on it.

I'm sure there's a sign somewhere saying that management is not responsible for lost or stolen property. However, this is not always enforceable. The example of coat checks is often used in law courses. Pretty much any coat check is also going say that they're not responsible for lost or stolen property, but courts have ruled that by accepting your property in exchange for money, they can be held accountable for what happens to it while its in their possession, and that cannot be waived.

The more security your building provides the more the management could possibly be held accountable. If they have cameras, guards, etc... then it becomes difficult for them to say that they're not at least taking partial responsibility for the security of your car. If it's just a self service lot or garage with no kind of security, however, then it's going to be hard to demonstrate that they had any way to prevent this.
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Old 11-28-2014, 12:40 PM
 
64,527 posts, read 66,075,955 times
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the garages are treated as seperate cases . the boiler plate leases for spots state that they are only providing you a place to park and assume no liability for your property. in fact we have guards and they are only responsible for the building security not parking garages even though they will pass through them on patrol.

if they put cameras in and had monitoring it could be construed they are assuming the role of providing security but short of that just the guards passing through assumes no more liability than the city does if police patrol down your block.
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Old 11-28-2014, 02:24 PM
 
18,236 posts, read 11,645,412 times
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Outside of a garage attached to a home one owns *NEVER* leave items in a vehicle unless you are willing to accept they maybe subject to theft. End of story.

No, the garage is not responsible for lost or stolen items by and large. In fact am willing to bet somewhere there is a notice posted to this fact and or some sort of waiver printed upon the receipt.

Theft does not have to be from an "outsider" to the garage as it is not uncommon to find other residents of a building (or their guests) have light fingers.

In any event this is why one has or should have insurance.

Persons will cause thousands in damage to a vehicle to get at a GPS that only costs about one hundred.
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Old 11-28-2014, 04:54 PM
 
3,245 posts, read 4,160,582 times
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Quote:
Originally Posted by mathjak107 View Post
cameras ... and ... monitoring ... could be construed ... assuming the role of providing security
Why would that impose liability? Even if there are cameras, all that will do is provide video of the thief breaking into your car & stealing something. Security guards have no arrest power. All they can do is dial 911 & report the crime in progress. A smash & grab takes a few seconds. Police will not be hustling to catch some kid or junkie who grabbed something that you foolishly left in your car.
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Old 11-28-2014, 06:27 PM
 
64,527 posts, read 66,075,955 times
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here is what the attornys told us . as the landlord if you had no cameras before the issue do not put them in as a result of. anything you do beyond locks increases the odds a court can decide you were taking on the responsibility of security for the cars where none existed before..

if the lease is stating that you only have the convience of not parking on the street with the same lack of security ,as the landlord or agent you do not want do more than that or your claim of no liability may be discarded.

Last edited by mathjak107; 11-28-2014 at 06:42 PM..
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Old 11-28-2014, 06:44 PM
 
Location: Confines of the 101 Precinct
19,084 posts, read 32,655,211 times
Reputation: 7563
Don't leave valuable stuff in your car ever - I don't care where you live.
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Old 11-30-2014, 06:36 AM
 
Location: Manhattan
20,129 posts, read 26,407,309 times
Reputation: 9021
My radio was ripped out and the locks broken (who needs to break TWO locks to get at a car radio????) It was a paid, manned, covered 5 story garage in my complex.
I was shyt out of luck and my insurance didn't have comprehensive coverage.
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