If my truck, tools and personal items stolen from contractor parking lot at chemical plant, can I hold them responsible for my losses?
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If my truck, tools and personal items stolen from contractor parking lot at chemical plant, can I hold them responsible for my losses?
My personal truck and $24,000 in tools and equipment were stolen from the contractor parking lot at a chemical
plant that I was working at. They have cameras and a guard that watches the gate, the contractor parking lot is
outside the gate.
Asked on June 8, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, you cannot. The law is clear that a person, business, renter, and/or property owner is not responsible for the criminal acts (e.g. stealing) of others, because the person, etc. did not cause the thief to break the law. Sometimes, you can try to hold the person, business, etc. liable for their "negligence," or unreasoanble carelessness, in not having a reasonable amount of security given the nature of the location, but since you write that they were taking reasonable security steps (camera, guard), they would not have been unreasonably careless--they did what a location might reasonably be expected to do. Therefore, they would not be liable on this basis either. Based on what you write, therefore, you cannot hold the plant responsible; all you can do is submit a claim to your own insurance, if you have applicable coverage.
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