Can my employer be held responsible for vehicles being broken into on our parking lot?

UPDATED: Sep 30, 2022

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Can my employer be held responsible for vehicles being broken into on our parking lot?

Last week 5 vehicles were broken into on our unsecured lot. There are cameras but all the cameras caught was a blurry picture of the vehicle. We have complained for years about the lack of security in this facility with little to no changes at all. Another person’s vehicle was broken into back in December

and a police report was filed, yet nothing happened. At this point since we have made the complaints and made management aware of the situation and potential danger, is the company liable now for the damages to our vehicles and our stolen property? They stole an after-market radio and a firearm out of my vehicle this time. Oh and there are no signs indicating the company was not responsible for vehicles parked in the lot if that makes any difference at all.

Asked on August 18, 2017 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It doesn't matter if there were no signs saying the company was not liable: if there was no agreement by them to *be* liable, they are not responsible and do not have to pay anything. An employer is not responsible for the criminal acts of persons not under its control, even if such were committed on its property. It's the same way that if someone visited you at home, parked in your driveway, and then had their car broken into or stolen, you would not be liable, or would not be liable if you had a party and one guest stole a wallet or money from another. Without the company agreeing to be responsible for this, they are not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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