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Car Theft from Mall Parking Lot

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J

jimnie99

Guest
My car was stolen from the local Mall parking lot.( I live in a small town in central Califonia) The car was locked and the alarm set. The Mall had security guards posted. Since the car was older (1985) I only had liability insurance on it. Do I have any recourse against the Mall or the Security Company or am I out of luck?
 


I AM ALWAYS LIABLE

Senior Member
My response:

Basically, you're out of luck. When you park in a public parking area, such as a Mall, you are only licensed to use a single area of land designed for parking one car. There is NO "bailment" created, and you therefore use that parking space (that small portion of land for parking) at your own risk. A bailment would be created only if the Mall took possession, custody or control of your car. They didn't. You maintained the keys.

Normally, either at the entrances, or somewhere within the parking area, are signs posted concerning your rights and responsibilities, and their liability for property that is stolen, or otherwise damaged. Find that sign, and you've got your difinitive answer.

IAAL
 
J

jimnie99

Guest
I appreciate the information that I have received so far. My son went back to the mall, and there are no signs posted, and there are no security camera's (unlike the Wal-Mart across the street!) During the time that my son (who was driving the car at the time) was waiting on the local police to show up after he called 911 to report the car stolen he saw the Mall security only after the police arrived (this took about 20 minutes) The only reason why I question this was that the Mall security company has contacted us numerous times to see if the car was recovered. Is it in their insurance contract??? I am not the type to have someone else pay my way for anything, I like 99% of the population only put liability insurance on a car of that age that I currently hold the title to. I am a single parent, and it took all of my savings to be able to get a reliable, reasonably priced used car (which we have only had for 9 months) for my son to be able to go to school and work with. I feel that when I park my car at the Mall that I should have a sense of security that my car will not be broken into or stolen while I am in there! Please Advise!
 

JETX

Senior Member
Let me make it very simple... the mall is not responsible for your car being stolen. There is no law (that I am aware of) that transfers responsibility from you to the mall when the mall does NOT take custody of the property.

This could be different if they valet parked the car, or even if you paid for parking (bailment and custody issues could be involved, but even they can be minimized in the small print on the valet ticket). However, your post makes no mention of valet or paid parking.

Let me give your case a 'different spin':
Let's say your friend parked his/her car in your driveway while visiting you and came out to find the car was stolen (or broken into and items stolen). Would YOU be legally responsible for his/her loss?? Of course not. The only difference in this case and yours is that the mall is a business, but that doesn't reverse the rules.

Some random thoughts:
1) It may be possible that the mall MIGHT have coverage for customer losses while shopping in their stores (it would be a good marketing tool), so you certainly should ask if they have coverage, but it isn't required.
2) Also, there could be some liability if it could be shown that the mall was aware of car thefts, etc. in the area and failed to provide a 'safe environment'. An argument could be made that their failure to warn customers or to protect them from loss was negligent. But this issue would be expensive and probably not justify the expense.
3) And finally, I can sympathize with your financial woes (single mother, only reliable car, etc.), but if it really was that important, you might have considered full insurance for it. That is a risk that we all take everyday...
 
B

Bonkers

Guest
"3) And finally, I can sympathize with your financial woes (single mother, only reliable car, etc.), but if it really was that important, you might have considered full insurance for it. That is a risk that we all take everyday... "

Comprehensive insurance on a 1985 car would generally cost more in a year than it would return if the car were stolen. Better to put the money in savings for the chance at buying a better used car.

KP
 

JETX

Senior Member
I agree with you that comprehensive insurance might have been cost prohibitive, but your response has no bearing on the issue at hand. That being, "Do I have any recourse against the Mall or the Security Company or am I out of luck?". My post was in response to the poster commnent that the car was very important to her and was still uninsured.

However, IMHO, your reply was of no benefit to the thread. You, without any FACTS of the situation (and I assume no ability to quote insurance rates without vehicle or location information), are able to make a 'general' statement as to costs, yet you still insisted on jumping up and down yelling, "Ooh, ooh, look at me!! I want to say something!".

Thank you for your great and pithy comments.
 

I AM ALWAYS LIABLE

Senior Member
Halket said:
I agree with you that comprehensive insurance might have been cost prohibitive, but your response has no bearing on the issue at hand. That being, "Do I have any recourse against the Mall or the Security Company or am I out of luck?". My post was in response to the poster commnent that the car was very important to her and was still uninsured.

However, IMHO, your reply was of no benefit to the thread. You, without any FACTS of the situation (and I assume no ability to quote insurance rates without vehicle or location information), are able to make a 'general' statement as to costs, yet you still insisted on jumping up and down yelling, "Ooh, ooh, look at me!! I want to say something!".

Thank you for your great and pithy comments.

My response:

Dear Steve :

" . . . you have continued to show your lack of understanding and intolerance for opinions of others!

(Damn, I have to admit I kind of enjoyed that!!)

And with all due respect, the crayons in your coloring box are not all sharpened. "

IAAL
 

JETX

Senior Member
Damn, I knew that was going to come back and nip me in the ass!!!

I assume your comments were made in the same spirit as mine!!
 

I AM ALWAYS LIABLE

Senior Member
Halket said:
Damn, I knew that was going to come back and nip me in the ass!!!

I assume your comments were made in the same spirit as mine!!
My response:

Ummmm, sure it was, yeah, yeah, that's the ticket.

". . . nip [you] in the ass !!" ?

Actually, I was circling the chummed waters, like a Great White Shark, waiting, hoping, lurking for that "moment".

It arrived ! I attacked with pre-historic, instinctual, ferocity, stealth, and precision that only a shark could muster ! With my eyes rolled back, the surface waters became frothed with thick white foam, as I chomped, rolled, bit, chewed and satiated my hunger and thirst for blood !

And, as quickly as it began, the waters became eerily calm and silent once again. Only the soft clink, clink, clink sound of the buoy in the far distance could be heard. Another dark night.

Waiting.

Prowling.

Silent.


IAAL
 

JETX

Senior Member
Just when we thought it was safe to go into the water!!!

A crowd has gathered.. and off in the distance.. a group of fins slice cleanly and silently moving in a dance of circles and figure-eights. The crowd appears confused, walking with glazed looks in their eyes, wandering as if with no place to turn, only to find that the worst of the worst has happened.... yes, they have ventured too close to the courthouse!!!

Run away, run FAR away!!! And just hope that they don't smell that sense of panic in the air... "Do I have a case?", "Can the debtor sue me?", "My 35 year old son was arrested, what can I do??", "My neighbor doesn't like me!!", and lets not forget, "I sent $15,000 in cash across the country to pay someone I have NEVER talked with for an item on eBay. He refuses to ship. What can I do???"

[Edited by Halket on 07-09-2001 at 05:31 PM]
 

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