Legal Question in Civil Litigation in California

Re: Vandalism

Even without signs the owner is probably not liable. The presence of signs is not what removes liability, so the absence of signs does not create it.

Under most circumstances business owners are required to exercise reasonable care for items they store on their customers' behalf. (Such service is technically called a bailment.) Exercising reasonable care will often not prevent damage, especially when it is caused intentionally by third parties. The fact that someone else damaged your car does not mean the owner breached his duty.

Depending on the facts you might have a case, but you seem to think that the absence of signs makes your case a slam dunk and that just isn't how it works.

Re: Vandalism

If you stopped by Vons to pick up bread and somebody threw a rock through your window while you were in the store, should Vons be liable? The reality is that businesses in most cases are not liable for vandalism caused by the acts of third parties, or for "bump and runs."

Unless you witness an actual employee of a business damage your car, I think it would be very difficult to succeed in a lawsuit against the business. Even if you saw the employee, did he damage your car while acting within the scope and course of his employment, or did he act outside the scope of employment? If he acted outside the scope of employment, were there past similar acts from this employee that the employer knew about..etc..etc. There are many fact patterns, but it is important to note that the duty of care does not usually extend to the malicious, or negligent acts of third parties.

There are exceptions, eg. You are assaulted in a dimly lit store parking lot where the neighborhood is known for such crimes. A security door fails in an apartment complex in a high crime neighborhood causing the random robbery and murder of a tenant. Even then, these type of cases are heavily litigated and difficult to win.

You can try to sue the business, but I do not believe that you will prevail . This is one of many reasons why vehicle owners purchase full coverage insurance for their cars.