Is a store responsible fora hit-and-run accident that happened inthe store’s parking lot becauseit neglected security?

Yesterday I was shopping at a store and parked my car in the store’s parking lot. When I finished shopping, my car’s front was hit and the headlights came out. Naturally I called the police and asked the store manager about the video surveillance tape (with the officer). The manager of the store said that they only have 1 video camera and does not cover that particular side of parking lot (although there are signs indicating the opposite). I’m wondering do I have grounds to sue the store because it’s their security negligence that caused me to have to pay out of my own pocket for the damage.

Asked on December 11, 2011 under Accident Law, North Carolina

Answers:

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

I do not think you have a claim against the store unless there is a specific statute requiring store to provide full coverage of security camera. The store has a responsibility to make the parking lot safe. But the hit and run is not their fault, although happening in their parking lot. It is hard to argue the store is negligent while somebody not under their control did the damage. The store may be negligent not to provide security camera but it is not the cause to the hit and run so that the causation is broken here.


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