Is my employer accountable if my vehicle was vandalized inside the gated premises?
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Is my employer accountable if my vehicle was vandalized inside the gated premises?
I work for a corporate department that is completely gated. They require a badge to enter and exit the facilities. There is no active security guard, but there is surveillance on the complex. The fence has barbed wiring and from what I know, no one has ever broken into or jumped the complex fence. I was followed by a vehicle while I was making bank deposits during my lunch break. I came back into the facilities and I parked my vehicle inside the gated premises. I proceeded to walk back inside and 30 minutes later I was advised that my front passenger window was broken into. Surveillance shows a vehicle following me, but not entering the gated premises. They parked outside the gate and while I was inside, they jumped the fence and broke into my vehicle only to take the envelop from my withdraw. Luckily I made my withdraw and deposit so all the thief took was an envelope with receipts, but the cost of the repair is coming out of my pocket. Is my employer accountable if my vehicle was vandalized inside the gated premises? There is no sign around the facility stating,
Asked on December 3, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Most employee parking lots (or parking lots in general) actually have signs that say that they are not responsible for a theft or damage to autos parked there. However, the posting of such signs is not legally mandated, although your employer should consider putting one up. Additionally, it provided you with free parking for your conveience; you could have paid to park in a lot with attendents on duty. Accordingly, your employer has no duty to you unless you can prove negligence of some kind. And I don't think it has an obligation to place a guard there unless there has been a history of muggings, thefts and damage to the vehicles. At any rate, your insurer can cover any loss that you may have suffered.
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