Damage to car on Private Property

[greend]

California

Recently, I parked my vehicle on a private property parking lot for a mall. Pulling into the parking lot they did not have any signage at the entrance I came in on stating "no liability to damage....etc". They have a security detail patrolling the parking lot, as well as guards walking around the entire area. While I went into the mall someone keyed my car and caused $2500 worth of damage (first estimate) and I was only gone 15 minutes. I filed a report with the security office, as well as with the Sheriff's office. I contacted the mall management, who did as their manual told them to do, and denied any and all liability. I explained the situation to them that they presented a false sense of security by not properly stating a limit of liability, and having a security detail patrol the parking lot. Further, their cameras did not cover the area of the parking lot which I was in, and could not offer me any evidence to find who did key my car.

In discussing the matter with the mall management, they were immediately very aggressive and became extremely hostile. I was asking of them $500, which is my insurance deductible, and a far less amount then the total amount of money I spend at their shops yearly.

This is a highly frustrating experience. The car is brand new, barely 4 months old and already needs repairs. I'm extremely careful about my vehicles, and do not park them in places I feel are unsafe.

What is the proper course of action here?

Thank you in advance for your help.

 

[acmb05]

California

Recently, I parked my vehicle on a private property parking lot for a mall. Pulling into the parking lot they did not have any signage at the entrance I came in on stating "no liability to damage....etc". They have a security detail patrolling the parking lot, as well as guards walking around the entire area. While I went into the mall someone keyed my car and caused $2500 worth of damage (first estimate) and I was only gone 15 minutes. I filed a report with the security office, as well as with the Sheriff's office. I contacted the mall management, who did as their manual told them to do, and denied any and all liability. I explained the situation to them that they presented a false sense of security by not properly stating a limit of liability, and having a security detail patrol the parking lot. Further, their cameras did not cover the area of the parking lot which I was in, and could not offer me any evidence to find who did key my car.

In discussing the matter with the mall management, they were immediately very aggressive and became extremely hostile. I was asking of them $500, which is my insurance deductible, and a far less amount then the total amount of money I spend at their shops yearly.

This is a highly frustrating experience. The car is brand new, barely 4 months old and already needs repairs. I'm extremely careful about my vehicles, and do not park them in places I feel are unsafe.

What is the proper course of action here?

Thank you in advance for your help.

Live with the damage or get it fixed, but the mall is not responsible for your deductable or for any thing else.

 

[Zigner]

Sue the person responsible for keying your car.

 

[BL]

Next time park in the areas close to the entrances , picked up by security cameras .

You have to be proactive in your security also .

 

[tranquility]

I agree with the other posters. The reason is, the mall did nothing wrong. They seemed to go beyond the duty they would usually have (by having a patrol and cameras) so did not breach any duty I see. For negligence, you need a person to have breached a duty they have and I don't see it here. We could suppose that if in that area of the parking lot they have a rash of keying being done over a time, they may have some increased duty to try to prevent it, but I don't see any evidence here of such facts.

There is no strict liability for damages which happen when you park on private property.