Would my apartment complex be anyway responsible for a tow truck that damaged my car while they had that company tow another car

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Would my apartment complex be anyway responsible for a tow truck that damaged my car while they had that company tow another car

My car was hit by a tow truck while
hooking up another car that my
complex hires to monitor parking lot.

Asked on July 12, 2017 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your apartment complex "hired" the tow truck to "monitor the parking lot", the tow truck is an employee of the apartment complex.  Therefore, the apartment complex (employer of the tow truck) is liable for the negligence of an employee (tow truck) which occurred in the course and scope of employment.
If the case is NOT settled with the insurance carriers for the apartment complex and tow truck, you can sue the apartment complex and tow truck for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable apartment complex would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the tow truck is the failure to exercise due care (that degree of care that a reasonable tow truck driver would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the case is NOT settled, depending on the amount of damage to your car, you may be able to file your lawsuit for negligence in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your apartment complex "hired" the tow truck to "monitor the parking lot", the tow truck is an employee of the apartment complex.  Therefore, the apartment complex (employer of the tow truck) is liable for the negligence of an employee (tow truck) which occurred in the course and scope of employment.
If the case is NOT settled with the insurance carriers for the apartment complex and tow truck, you can sue the apartment complex and tow truck for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable apartment complex would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the tow truck is the failure to exercise due care (that degree of care that a reasonable tow truck driver would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the case is NOT settled, depending on the amount of damage to your car, you may be able to file your lawsuit for negligence in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee.


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