Who do I sue the police for not doing and inventory are the tow company for not exercising reasonable care

UPDATED: Oct 1, 2022

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Who do I sue the police for not doing and inventory are the tow company for not exercising reasonable care

I was arrested for a D.U.I and my car
was impounded… the tow truck driver
left my car keys in the car with all
the windows down… with my cell phone,
car keys, wallet, PlayStation 4, and my
beats headphones headphones where in
the center console… when I go up to
the tow yard they say someone out a
whole in the fence and stole my
items… but as of now I’m the only
victim of the crime… also the police
the took me to jail may be able to
verify seeing these items in my car…

Asked on November 28, 2017 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The police are not responsible for what happens to a car in the tow operator's yard. And the tow operator is not responsible or liable for the criminal actions of other people, or even of its own employees (since stealing or otherwise committing crimes is not part of their job). You could *possibly* hold the operator liable on the grounds you suggest--being negligent, or not exercising reasonsble care to secure towed vehicles--IF you can show that the theft happened due to such inadequate care, such as by not locking the gates to the yard. But if a hole was cut in the fence, you will not likely win: someone cutting a hole in a fence to get at your car is not the tow operator's fault, since the thief cut their way through security. Even if your windows were down, that will not necessarily make them liable, since a thief who cuts a whole in a fence will also break a window. You have to show that this only happened due to an absence of care, and that it would not have happened had ordinary care been taken. But if the facts point to a determined thief who bypassed security, you will probably not win.

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