stolen motorcycle

[rtmatlin]

What is the name of your state? California
If a motorcycle is stolen in a gated apartment with signs posted that say not responsibile for theft, is their any legal course that I can take or do the signs protect the apartment complex.


Thank you,
Richard

 

[1000Sparks]

hahahahahaha

Since the complex isn't liable I'm sure your insurance that you carry will cover it.

I ain't a lawyer and I know this one.

(Betting you don't have insurance....)

 

[CdwJava]

What is the name of your state? California
If a motorcycle is stolen in a gated apartment with signs posted that say not responsibile for theft, is their any legal course that I can take or do the signs protect the apartment complex.

Even if they did NOT have signs, they would not be liable for the motorcycle theft.

- Carl

 

[You Are Guilty]

Even if they did NOT have signs, they would not be liable for the motorcycle theft.

- Carl

Not necessarily. If the bike was actually stolen by the gated apartment complex, then I can envision a case here

 

[rtmatlin]

That is what I was told that since it is a gated apartment complex with a security guard and cameras and nobody saw anything that they would be liable regardless of the signage posted

 

[CdwJava]

That is what I was told that since it is a gated apartment complex with a security guard and cameras and nobody saw anything that they would be liable regardless of the signage posted

You were told wrong.

Unless the complex has established a special relationship and thus stated they guarantee you will not be ripped off, they are not going to be responsible for crimes committed on their property. If you can prove that the management had knowledge that your motorcycle would be stolen or was likely to be stolen and they failed to act on it, THEN you might have a claim. Otherwise, there is no poissible way they can guarantee that things will not be stolen.

Even if no signs were present they would not be liable. They probably posted the signs because break-ins or auto theft is - unfortunately - a common occurrence there.

- Carl

 

[divgradcurl]

You were told wrong.

Unless the complex has established a special relationship and thus stated they guarantee you will not be ripped off, they are not going to be responsible for crimes committed on their property. If you can prove that the management had knowledge that your motorcycle would be stolen or was likely to be stolen and they failed to act on it, THEN you might have a claim. Otherwise, there is no poissible way they can guarantee that things will not be stolen.

Even if no signs were present they would not be liable. They probably posted the signs because break-ins or auto theft is - unfortunately - a common occurrence there.

- Carl

Hi Carl,

The apartment complex doesn't have to "guarantee" that the motorcycle or other stuff won't get ripped off to potentially have some liability -- but the apart WOULD have to have been advertised and leased as a "special secure location" or otherwise make some guarantees about security. You are right, simply having a security gaurd and cameras is insufficient to create liability, but the "guarantee" doesn't have to be as ironclad as saying "not theft will occur."

 

[CdwJava]

Hi Carl,

The apartment complex doesn't have to "guarantee" that the motorcycle or other stuff won't get ripped off to potentially have some liability -- but the apart WOULD have to have been advertised and leased as a "special secure location" or otherwise make some guarantees about security.

Of course, I understand that ... I was oversimplifying the generalization to avoid articulating a variety of circumstances in replies that would begin with, "What if ...."

- Carl

 

[divgradcurl]

Of course, I understand that ... I was oversimplifying the generalization to avoid articulating a variety of circumstances in replies that would begin with, "What if ...."

- Carl

Gotcha. I'll just step away from the computer now...

 

[CdwJava]

Gotcha. I'll just step away from the computer now...

Sorry ... didn't mean to sound curt.

Your clarification was correct. No need to step away.

- Carl

 

[efflandt]

I know someone who lives in a gated apartment complex in California and will not even use a mailbox there because kids keep breaking into the locked mailboxes. And someone usually breaks all the yard lights on lamp posts on New Years Eve. So much for locked gates when the rif-raf is within. Of course it would be easy to get in by just waiting for someone to come out.

Not sure how you could secure a motorcycle, because it can be picked up if not secured to something, and there are battery operated tools that can quickly cut through hardened materials (which came in handy to cut the rusted lock off of the spare tire on my pickup truck). I guess you need your own security camera or webcam to keep an eye on it.

 

[moburkes]

What is the name of your state? California
If a motorcycle is stolen in a gated apartment with signs posted that say not responsibile for theft, is their any legal course that I can take or do the signs protect the apartment complex.


Thank you,
Richard

And again, insurance would have gladly taken care of this.