Legal Question in Personal Injury in New Jersey
Theft of Alcohol from Private Property
My condo community located in Southern NJ has a private, but accessible from the boardwalk, pool area where an owner Tiki Bar is located. At that Tiki Bar is a LOCKED refrigerator that contains alcohol. If someone gains access to our property and breaks into the locked fridge, stealing and injesting the liquor, then becomes involved in an accident hurting themselves or others, would the Condo Association be liable for damages related to this accident since the fridge was locked, but left accessible because it was located outside and not in a locked home environment? Although private security is provided at the community on the weekends during the summer months, the property is not patrolled by security on the weekdays.
1 Answer from Attorneys
Re: Theft of Alcohol from Private Property
The potential for liability is there if the association had notice that this could happen or had provided inadequate security for the lockered liquor.
It would be better if the cabinet were inside a building rather than at poolside. If that were the case, it would he hard to pin liability one the association for someone's theft.
You should consult with your insurer and counsel for a specific answer. If we can be of service in providing more information, please call us.
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