If my vehicle was stolen 2x at my condominium complex, can I hold the management liable for negligence?
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If my vehicle was stolen 2x at my condominium complex, can I hold the management liable for negligence?
The second time I had to take a loss on the entire vehicle. My parking space is approximately 100 yards from my unit and it has no lighting near the parking spaces although they are everywhere else. I tried communicating to management and they ignored my email.
Asked on June 13, 2015 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
IF you can show, such as with expert testimony, that the lack of lighting near the parking spaces materially (in some not-insignificant way) contributed to the theft of your vehicle (that is, it is unlikely that it would have been stolen had there been lighting) AND the building was either marketed/advertised as having parking or you pay for a parking spot (so that having parking is part of your rental, explicitly or at least implicitly), then you may be able to hold them liable for the second theft if you had given them notice of the first theft. In that case, they would have had knowledge of the risk, since you reported the first theft; the expert testimony or similar evidence would establish that having lights would make a difference, so not having them under these circumstances (known theft risk) would be negligent; and the fact that parking is part of the rental establishes their duty.
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