Legal Question in Business Law in New York

car broke into with a parkin lot that says it has cameras (but doesn't)

Yesterday, on Thankgiving i workewd an 11am - 3:30 pm shift at a local supermarket called Wegmans in Buffalo, NY. When leaving work i noticed my trunk was wide open and the spot wher my keyhole was on my driver's door was totally destroyed. There was actually a big hole where the keyslot used to be which shows someone tried to break into my car. My car was located in the parking lot near the side of the store located near the pizza shop instead of the front of the store where the employee parking section is. The reason i park there is because it is a closer walk to the door (which comes in handy in cold places like Buffalo). When telling store managers of this they claim it was all my fault for getting broke into due to the fact i was in the pizza parking lot instead of the employee lot. I highly doubt they would tell a customer it was their fault their car was target if this had happened to shopper of the store.The thing that really makes me mad is that there are signs all over this lot that claim it is monitored by security cameras, which is a blatent lie, a manager told me there are no cameras there.I was woondering if those untrue signs would constitute as false advertising and if Wegmans should have to claim responsibility??


Asked on 11/26/04, 3:29 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: car broke into with a parkin lot that says it has cameras (but doesn't)

If you have not already done so, I suggest you file a report with the local police. If anything is missing from the car, as well as your damage, I also suggest you consider a claim with your insurance carrier. Finally, I would also suggest you consider a calim against your employer and the owner-operator of the Mall. If they have falsely advertised the security information, your claim may be recognized. I might point out that not using the employee lot may be not be fatal to your claim, but anticipate this as a defense to any claim you file. You might also want to check to see if other employees of the Mall and/or customers may have had similar incidents in the past, which, if there have been anhy, may support your claim.

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Answered on 11/26/04, 3:38 pm


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