Legal Question in Business Law in California

My car was keyed in a private parking lot owned by an ice arena which i work at. I parked in 'employee parking' and under it has a sign stating there are security cameras to prevent break-ins etc. Yet, there are no cameras in that area of the facility. Could that be considered negligence since the owners know that is a place of possible danger and they post a false sign? I simply want the owner to pay for damages or even my deductible if my insurance will cover the repairs.I had a valid reason to believe my car would be safe in that area due to the false sign.


Asked on 5/01/14, 1:19 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

While there is a general duty for a building owner to protect against foreseeable harm, the concept of "forseeable harm" is hard to define. Crime happens regardless of whatever security measures, so do you have any proof that it is foreseeable that that crime would have occurred because of the false sign? Probably not.

There's also an issue of proving causation. Did the sign attract the person who did this? Were there more secure places for you to park? Would better lighting have prevented this? These are all questions that would need to be answered in court.

Finally, there is the practical aspect. California is mostly an "at will" employment state. Your boss doesn't need a reason to fire you. Is your employer reasonable or would the possibly fire you over making this payment request?

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Answered on 5/02/14, 1:05 pm


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