If there was a car break-in at a parking lot of a restaurant, can I hold this restaurant responsible for the break-in?

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If there was a car break-in at a parking lot of a restaurant, can I hold this restaurant responsible for the break-in?

This restaurant initially had a warning sign that says that it had surveillance cameras on the premise, which they did not have. When they learned about the incident, they quickly removed the sign and threw it away. We are currently in possession of the sign and we have an witness who saw the owner removing the warning sign.

Asked on December 27, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they are not liable: there is no law requiring cameras, so any failure to have them would not make them liable; saying they had cameras when they did not does not make them liable, since that representation or claim did not cause your loss; and they are not liable for the criminal acts of third parties not under their control. This is a situation for an insurance claim (if the damage or loss is enough to make it worthwhile to claim under your insurance--assuming you have relevant insurance), not trying to hold the restaurant liable.


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