If my vehicle was stolen 2x at my condominium complex, can I hold the management liable for negligence?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my vehicle was stolen 2x at my condominium complex, can I hold the management liable for negligence?

The second time I had to take a loss on the entire vehicle. My parking space is approximately 100 yards from my unit and it has no lighting near the parking spaces although they are everywhere else. I tried communicating to management and they ignored my email.

Asked on June 13, 2015 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you can show, such as with expert testimony, that the lack of lighting near the parking spaces materially (in some not-insignificant way) contributed to the theft of your vehicle (that is, it is unlikely that it would have been stolen had there been lighting) AND the building was either marketed/advertised as having parking or you pay for a parking spot (so that having parking is part of your rental, explicitly or at least implicitly), then you may be able to hold them liable for the second theft if you had given them notice of the first theft. In that case, they would have had knowledge of the risk, since you reported the first theft; the expert testimony or similar evidence would establish that having lights would make a difference, so not having them under these circumstances (known theft risk) would be negligent; and the fact that parking is part of the rental establishes their duty.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption