Stolen property from parking lot, can I claim?

[g8rgirl]

State=GA.

My vehicle was broken into in the parking lot of a restaurant, and I lost about 5K worth of stereo equipment.
I discovered from one of their employees that the business was aware of 4-5 thefts in their parking lot recently, and did not take any action.

The parking lot is leased. They have no security cameras, or security on duty, and there was no warning about the crimes that have happened on their property recently.

I'm assuming I have no recourse here, but it would've been damn nice to have been warned about it. Do I have any sort of case where I can claim for my stolen property?

Thanks if advance for any advice you have to offer.

 

[You Are Guilty]

State=GA.

My vehicle was broken into in the parking lot of a restaurant, and I lost about 5K worth of stereo equipment.
I discovered from one of their employees that the business was aware of 4-5 thefts in their parking lot recently, and did not take any action.

The parking lot is leased. They have no security cameras, or security on duty, and there was no warning about the crimes that have happened on their property recently.

I'm assuming I have no recourse here, but it would've been damn nice to have been warned about it. Do I have any sort of case where I can claim for my stolen property?

Thanks if advance for any advice you have to offer.

Absolutely! (I assume you're fully prepared to prosecute an inadequate security case based on constructive notice, right?)

 

[g8rgirl]

Do I need to have 3000 posts to get a straightforward response?

Listen, the managers were being dicks and I'm pissed that they were aware of what was going on and didn't really give a rat's ass about it. They still aren't going to do anything to let other customers know of the potential risk. So I'm frustrated. Just asking for some advice, dude. That's all.

I'm guessing your smartass reply was a no. Okay, got it. Thx.

 

[You Are Guilty]

Do I need to have 3000 posts to get a straightforward response?

Listen, the managers were being dicks and I'm pissed that they were aware of what was going on and didn't really give a rat's ass about it. They still aren't going to do anything to let other customers know of the potential risk. So I'm frustrated. Just asking for some advice, dude. That's all.

I'm guessing your smartass reply was a no. Okay, got it. Thx.

Gee, that's weird, "absolutely" means "yes" where I'm from. (An even bigger hint was when I posted the applicable legal theory that would apply). Sorry I didn't draft a free summons and complaint for you as well though -- I was too distracted being a "smartass".

And you never answered my question.

 

[g8rgirl]

Am I fully prepared to prosecute a security case based on constructive notice? Uh, that would be a no. How about layman's terms?

I was assuming the way you put it meant that it would not be worth the effort.

 

[JETX]

I'm assuming I have no recourse here, but it would've been damn nice to have been warned about it. Do I have any sort of case where I can claim for my stolen property?

Absolutely. Simply contact your insurance company and file a claim. Seems pretty simple to me.

 

[You Are Guilty]

Am I fully prepared to prosecute a security case based on constructive notice? Uh, that would be a no. How about layman's terms?

I was assuming the way you put it meant that it would not be worth the effort.

How in the world would anyone besides you know if it would be "worth the effort" for you? For me, it's a piece of cake, I do it all the time. Maybe you have a fear of computers and it will be nearly impossible for you to do. I neither know nor care.

Thanks to JETX's reply, you now know where/who to file the claim with and what theory to tell the adjuster you are basing it on. The rest is going to be up to you.

 

[justalayman]

Absolutely. Simply contact your insurance company and file a claim. Seems pretty simple to me.

Agreed that it is simple to file, maybe not that simple to get payment. The OP's ins may very well NOT cover anything above stock stuff without a previous agreement. (rider).

 

[JETX]

Agreed that it is simple to file, maybe not that simple to get payment. The OP's ins may very well NOT cover anything above stock stuff without a previous agreement. (rider).

Correct... but that is NOT the question asked by the OP ("Do I have any sort of case where I can claim for my stolen property?").

 

[Zephyr]

just out of curiousity- not that it makes the theft right- but was your car lock and the alarm set? I am sure with 5k of equipment in it you would have an alarm to protect your items....

 

[g8rgirl]

The car was locked and alarm set. It did go off I suppose, but there were no witnesses and nowadays people don't really even look if an alarm is going off.

I've already talked to my auto insurance and homeowner's insurance, and they won't cover anything above and beyond factory. So I'm SOL there.

What do computers have anything to do with me having a case against the restaurant? Could my insurance company have a case against them under "constructive notice", is that what you're saying? Or is this something I'd have to take up myself and get my own lawyer?

 

[HomeGuru]

The car was locked and alarm set. It did go off I suppose, but there were no witnesses and nowadays people don't really even look if an alarm is going off.

I've already talked to my auto insurance and homeowner's insurance, and they won't cover anything above and beyond factory. So I'm SOL there.

What do computers have anything to do with me having a case against the restaurant? Could my insurance company have a case against them under "constructive notice", is that what you're saying? Or is this something I'd have to take up myself and get my own lawyer?

**A: your vehicle has onboard $5000 worth of stereo equipment?

 

[justalayman]

I've already talked to my auto insurance and homeowner's insurance, and they won't cover anything above and beyond factory. So I'm SOL there.

So now, at elast, you know that if you have anything above and beyond factory stuff, you need to have it insured seperately. In some cases you can have the equipment listed in your homeowners policy.

And no, your insurance company has no case or claim against the restaurant because they aren't going to give you anything.

 

[stephenk]

get the name of the insurance carrier that insures the restaurant. You can contact the restaurant's manager or human resources office. then make your claim against the carrier.

You should also find out who owns the parking lot. the restaurant may say the lot owner is responsible for security and vice versa.

 

[JETX]

get the name of the insurance carrier that insures the restaurant. You can contact the restaurant's manager or human resources office. then make your claim against the carrier.

You should also find out who owns the parking lot. the restaurant may say the lot owner is responsible for security and vice versa.

Or, you could simply cut out the 'middle man', and simply file a lawsuit against the restaurant AND the lot owner and let the court sort it all out.
However, as I said before, absent any NEGLIGENCE on the part of the restaurant or lot owner.... you have NO case.