rthomas311
Junior Member
What is the name of your state?What is the name of your state? Ohio
I am the owner of an automotive business in Ohio. I have been sued by a customer whose car was broken into while sitting in our parking lot overnight. According to my insurance rep., our obligation is to "do what any prudent business person would do to protect customers' property". No one can explain this to me, and no one has been able to tell me exactly what our liability is in this situation. Automotive shops and dealers leave customers' cars outside all the time because, like us, they simply do not have the room to keep all cars in the garage. Advice of the insurance people was that if we had to leave customers' cars outside, make sure the doors are locked, alarms set, etc... We do all of that. At the trial, the magistrate didn't make a ruling and said that he would mail it to us in a couple weeks. I have now received the judgement in favor of the Plantiff. The judgement reads: "The court finds, based upon all of the evidence and testimony, that while Defendant was in possesion of Plantiff's vehichle, vehichle was parked in a public parking lot adjacent to Defendant's business premises. The Defendant did not own the parking lot, and Plantiff's car was not otherwise protected from vandalism, theft, or damage by third parties." This is NOT true and was NOT our testimony. The car was in OUR parking lot ON the business premises. True, I do not OWN the parking lot, but I do not own the building either...I lease it. Should I obtain legal counsel and appeal? Through all of this, I still have yet to understand clearly what my liability is concerning customers' cars. I do not want to leave my business open to these type of lawsuits. Any insight on this matter is greatly appreciated.
I am the owner of an automotive business in Ohio. I have been sued by a customer whose car was broken into while sitting in our parking lot overnight. According to my insurance rep., our obligation is to "do what any prudent business person would do to protect customers' property". No one can explain this to me, and no one has been able to tell me exactly what our liability is in this situation. Automotive shops and dealers leave customers' cars outside all the time because, like us, they simply do not have the room to keep all cars in the garage. Advice of the insurance people was that if we had to leave customers' cars outside, make sure the doors are locked, alarms set, etc... We do all of that. At the trial, the magistrate didn't make a ruling and said that he would mail it to us in a couple weeks. I have now received the judgement in favor of the Plantiff. The judgement reads: "The court finds, based upon all of the evidence and testimony, that while Defendant was in possesion of Plantiff's vehichle, vehichle was parked in a public parking lot adjacent to Defendant's business premises. The Defendant did not own the parking lot, and Plantiff's car was not otherwise protected from vandalism, theft, or damage by third parties." This is NOT true and was NOT our testimony. The car was in OUR parking lot ON the business premises. True, I do not OWN the parking lot, but I do not own the building either...I lease it. Should I obtain legal counsel and appeal? Through all of this, I still have yet to understand clearly what my liability is concerning customers' cars. I do not want to leave my business open to these type of lawsuits. Any insight on this matter is greatly appreciated.