Legal Question in Civil Litigation in California
Vehicle theft in apartment complex
My car was recently broken into, vandalized and items were stolen from the vehicle in the parking lot of the apartment complex I live in. Due to the high volume of parked cars I was forced to park my car in a limited visibility area (The one light they--name removed--have in proximity to this area has been out for months)making it unsafe for individuals parked over there. I have a pretty good idea of who it was since I've had a previous confrontation with these individuals a couple of months back, they are constantly loitering around my vehicle, and a few of the same individuals were hanging out it in there car that was parked right next to mine about an hour before the theft occurred. There isn't any proof that these individuals did it (Per the police department), but management was aware of the situation at hand. Could the property management company be held liable for damages to my vehicle to due negilegence and failure to maintain a safe enviornment?
2 Answers from Attorneys
Re: Vehicle theft in apartment complex
Probably not. Property owners are not insurers and generally are not responsible for losses tenants sustain on the property. In theory you could have bought insurance against this type of loss, and the landlord does not have to give you free what you chose not to buy from someone else.
At most the landlord might be found negligent, but the people who burglarized your car acted intentionally. The law holds negligent people responsible for the foreseeable consequences of their negligence, but typically when someone else steps in and acts intentionally the negligent party is not liable for what the intervenor does.
Re: Vehicle theft in apartment complex
Yes, if the property management company was put on "notice" that there was a high probability that the persons loitering around your vehicle were more likely than not to break into the vehicle at issue, they could be liable for damages for failing to respond/prevent the ultimate theft, regardless if the individuals acted intentionally or not. Your management would have an affirmative duty under the circumstances to exercise due diligence in trying to remedy the problem if put on notice of the probability supra. If you would like a free consultation and move forward legally from here, contact us directly ASAP.
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