Legal Question in Civil Litigation in California
who's responsible for stolen property
i work for an agency contracted by the government to train marines before they go to iraq. i specifically work as a role player in the training exercises. the agency has a park at a place called the National Orange Show in San Bernardino California and then bus us to the Mojave Desert. We pay $30 to park. We were told by the agency that there would be security protecting our cars. When I returned to my car all four rims/tires had been stolen. Turns out there was no security, not even a security camera and all the employees are gone every monday and tuesday (days in which our cars are left just sitting there). I filed a police report and called the agency who said that they were not responsible because the ticket we receive when we pay says ''not liable for theft, damage,etc'' but I might want to talk to the National Orange Show. I spoke to them and they said that they were not responsible but I might want to talk to the agency. Both tried to pass it off to my insurance, but I didn't get coverage for my rims/tires. Who's responsible? Am I just out of luck?
2 Answers from Attorneys
Re: who's responsible for stolen property
The company that you paid $30.00 to park your car and told you there was security is responsible. My understanding from reading your post is that a private company charges you to park there weekly. If that is true, then Mr. Nelson is wrong, and you do not file a federal claim against the U.S. Marine Corps. There is case law that is provided in law school to most lawyers that the disclaimer on the back of a ticket that you receive after you have paid to park does not absolve the parking lot of liability, especially if they are representing that they have security and the facts prove that they do not.
Very truly yours,
Re: who's responsible for stolen property
You can try to file a Federal Claim for Damages against the agency, but don't expect it to be quick or easy or a sure thing. There is probably nothing to expect out of the lot owner.
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