Can I file a lawsuit against my workplace for the responsibilities of my stolen car?

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Can I file a lawsuit against my workplace for the responsibilities of my stolen car?

My car got stolen while I was working. My workplace say that they are not responsible and I don’t understand why when I was on the clock working for them and my car was stolen on their property. I had to pay $245 to get my car out of the towing place. And I don’t feel that I should have to pay, it should had came out of their pocket. This is not the first time that it happen but the second time.

Asked on September 29, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Did your employer specifically take responsibility for securing or protecting your car--e.g. provide a supposedly secure lot for empoloyee vehicles? If they took responsibility, then you could likely hold them liable.

However, if they did not take responsiblity, then parking is usually "park at your own risk." A property owner or employer is not responsible for the criminal actions of others, simply because they occured on the person's or business' property, or while an employee was working. Your employer is not your insurer; it only has to pay if it is at fault in some way, such as by not satisfactorily discharging a responsiblity it voluntarily undertook to keep our car safe.


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