Legal Question in Civil Litigation in New Jersey
VFW Responsible for Damage to Car?
At 6:15 p.m. we parked our car in a Veterans of Foreign Wars (VFW) parking lot across the street from a club. We paid $3 to one of at least two VFW persons working in the lot. When we returned at 10:30 p.m., we saw that someone had shattered the back window of our car. Nothing was stolen. The VFW persons had apparently left, leaving no one to watch the cars. We knocked on the door of the VFW hall but no one was there either. We looked around the lot and there were no signs stating that the VFW was not responsible for damage to cars or personal property in the lot or on the premises. We filed a report with the local police, who came to the VFW hall and viewed the damage. The next day I spent $238 to fix the window. I contacted the VFW regarding the incident and the cost to repair the window. They said the VFW was not responsible. My belief is that because this happened on their lot and disclaimers were not posted (not to mention that they left the lot unmanned), they are responsible for the repair costs. Are they?
3 Answers from Attorneys
Re: VFW Responsible for Damage to Car?
It was not connected to the club was it? The question is ifit was officially being used for that reason, was it a 24 hour club with lights and security, or was there a disclaimer for damage.
Normally a regular garge would be responsible under a bailment theory. Did you get a recipt and take pictures?
Re: VFW Responsible for Damage to Car?
On the facts as you present them, the VFW is probably not responsible for any damage. No agent of the VFW took posession of your car. The VFW simply permitted you to park it for a fee. This is not sufficient to create what the law terms a "bailment."
The same result is obtained for commercial parking lots and garages where the driver parks his own car as well as unattended cloak rooms.
The absence of a disclaimer does not change the law.
Re: VFW Responsible for Damage to Car?
If the VFW did not take reasonanble precautions in safeguarding your car, I believe they may be liable for the damage done to it. After all they took money from you to park it on a parking facility that they had some control over. I believe you should take them to small claims court if they refuse to cover your repair bill.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
