Car Vandalized At Shopping Mall

[davecapra]

In Illinois, if a car is vandalized in the parking lot of a shopping mall, is the mall liable for damages?

 

[seniorjudge]

Q: In Illinois, if a car is vandalized in the parking lot of a shopping mall, is the mall liable for damages?

A: Yes, if a mall employee did it; no, otherwise.

 

[Zigner]

Q: In Illinois, if a car is vandalized in the parking lot of a shopping mall, is the mall liable for damages?

A: Yes, if a mall employee did it; no, otherwise.

Well, not quite accurate.
If Bobby-Jo, an employee of "the mall" is bored on her day off, so takes a walk to the mall and keys a few cars, "the mall" is definitely not liable...

 

[seniorjudge]

Q: In Illinois, if a car is vandalized in the parking lot of a shopping mall, is the mall liable for damages?

A: Yes, if a mall employee did it and it's not Bobby-Jo; no, otherwise.

Happy now?

 

[CameronNewport]

In Illinois, if a car is vandalized in the parking lot of a shopping mall, is the mall liable for damages?

You would need to prove that the mall either caused the damage or had a duty to prevent the damage.

In most cases, the mall would not be liable.

 

[davecapra]

Isn't the mall required to have a certain amount of responsibility for the safety of shoppers?

 

[CameronNewport]

Isn't the mall required to have a certain amount of responsibility for the safety of shoppers?

To a point, yes. But that duty is generally limited to the removal of hazards that could cause injury, and is not applicable in cases of purposeful destruction of property.

 

[Zigner]

Happy now?

You're my hero, SJ