Legal Question in Personal Injury in Florida
I was involved in a Hit and Run accident, my car was hit while I was working and I came outside to see my car damaged. I was curious to know if I could sue Sears do to the fact that they have a faulty camera which no one was aware of. I park in the same spot for work every day because I was under the assumption that the working camera would help prevent anything like this from happening, although clearly I was mistaken. I have spoken to the mall security officers and no one has helped. I also contacted the Loss Prevention for Sears, whom of which is in control of the camera, and no one has helped.
1 Answer from Attorneys
While Sears has a duty to keep its parking lot reasonable safe for its employees and customers, (ie nighttime lighting, painted lines directing traffic, etc) it does not have a duty to guarantee that all of its security cameras will be working at all times. Your insurance is responsible to pay for your vehicle. You can can sue, but probably won't collect, unless you can show that Sears somehow owed you a duty, breached the duty, and that you suffered damages as a proximate result of the camera not working. Even if the cameras were working, your car would still be damaged, as it is unlikely that the culprit looked for an area non-working cameras, before choosing your car to run into.
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