InWhat can I do if my car got repossessed and while at the tow yard my wedding ring was stollen out of my car?

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InWhat can I do if my car got repossessed and while at the tow yard my wedding ring was stollen out of my car?

The owner of the tow yard looked at his video feed and saw his employee take the ring from my car. My ring has still not been recovered and bank is telling us that we can’t do anything because when the car was towed the bank legally had ownership of my car. Who is legally liable for my rings replacement the Employee the tow yard or the bank?

Asked on December 15, 2013 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The only person who likely is liable is the employee--you could sue him or her:

1) A person who commits a criminal act is liable for the loss he causes.

2) A person's employer is generally NOT responsible for criminal acts of employees, since it is not part of that person's employment to commit crimes, and the employer is only responsible for acts that are part of employment  or are reasnably foreseeable consequences of employment. (Note: if the employee has stolen before and the employer was aware of that and did nothing, then that may be enough to hold the employer accountable: in that case, the theft was foreseeable.)

3) A bank or lender is not responsible because they in now way caused or contributed to the theft.


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