Legal Question in Civil Litigation in California
I was in a gated condo complex with gated/locked access points for the pool/hot tub area. There were multiple security guards on duty and camera that record events. I had a bag stolen from the pool area with my phone and several other items that while not valauable, will cost over $600 to replace. Can I sue the complex for the stress this has caused and the money? It's already been 2 days of very annoying crap. This has affected my work as I have lost a lot of data and my calendar, I have overslept because of this. Overall, my life has been affected and I think it is complete crap that this place has guards, has cameras, but didn't prevent some scumbag from doing this. I went to the security location yesterday and watched the video of the time. You can barely make out people in clear daylight, much less at night. The theft occurred about 8pm and it "should" be pretty clear who did it if they had the proper survelience...
2 Answers from Attorneys
Probably not. Your condo complex is not your insurer. That it provides security does not mean it guarantees there will be no crime, or that it accepts financial responsibility when crimes occur.
I understand how upsetting this is. But the actions that upset you are the thief's, not the management's.
Please note that my answer begins with "probably". There might be facts in your situation which would lead to a different answer. But that does not seem likely.
In my mind their duty is to act reasonably given the situation. Based on the facts I can't see how they breached any duty. Suing for stress is even more difficult... Negligent infliction of emotional duress is a difficult case and what you describe would be even tougher... Not sure you have much of a claim...
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