Do parking lot owners have liability for theft?

3,807 Views | 36 Replies | Last: 9 days ago by willas
Booma94
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I know this is an opinion forum and not a place for legal advice, but here goes-

I was parked downtown for the Astros game in a private paid lot and my truck was broken into. Window smashed and they rummaged through my console in broad daylight. Nothing of huge value taken, but I get to deal with the annoyance of repairing my window.

I filed a police report with HPD and I am certain it will be their biggest priority crime to solve this week.

Anyway, my question is this- since I paid $30 to park, does the parking lot owner have any liability?

When I called and talked to the company, the guy I talked to said "yeah, with the Astros games and the lots full it's bad in that area". If they know it's bad aren't they obligated to provide some sort increased security if they're going to charge to park? They have staff on hand to boot cars if they haven't paid, so they get their money. But they aren't obligated to provide even minimal security?

Asking for myself...
TXAG 05
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Booma94 said:

I know this is an opinion forum and not a place for legal advice, but here goes-

I was parked downtown for the Astros game in a private paid lot and my truck was broken into. Window smashed and they rummaged through my console in broad daylight. Nothing of huge value taken, but I get to deal with the annoyance of repairing my window.

I filed a police report with HPD and I am certain it will be their biggest priority crime to solve this week.

Anyway, my question is this- since I paid $30 to park, does the parking lot owner have any liability?

When I called and talked to the company, the guy I talked to said "yeah, with the Astros games and the lots full it's bad in that area". If they know it's bad aren't they obligated to provide some sort increased security if they're going to charge to park? They have staff on hand to boot cars if they haven't paid, so they get their money. But they aren't obligated to provide even minimal security?

Asking for myself...


Pretty sure every parking lot/garage has signs that say don't leave valuables in your car, we are not liable
hillcountryag86
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I obviously don't know all the details. But my general statement is no. Lot owner does not have liability.

At some point, we have to quit putting all responsibility on someone else and take ownership of our actions. You parked in a lot during a a big event. Of course thieves are going to realize it's a target rich environment. And I'm sure there was extra police security but still....

Claude!
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As usual, the answer is that it depends. The lot owner may be liable in certain situations, but it depends on a lot of circumstances. Generally, though, you're probably not going to win.
H.E. Pennypacker
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Maybe, but lawyer fees will cost more than you will possibly recover.
Booma94
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Claude! said:

As usual, the answer is that it depends. The lot owner may be liable in certain situations, but it depends on a lot of circumstances. Generally, though, you're probably not going to win.
Just for grins, what are some of those potential situations?

Known risk- "yeah, that area is bad during games"?

No lot attendant on duty?
Booma94
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H.E. Pennypacker said:

Maybe, but lawyer fees will cost more than you will possibly recover.
Possibly why I'm seeking opinions on a free message board rather than paying a $200 consultation fee for a lawyer.
TriAg2010
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Booma94 said:

Claude! said:

As usual, the answer is that it depends. The lot owner may be liable in certain situations, but it depends on a lot of circumstances. Generally, though, you're probably not going to win.
Just for grins, what are some of those potential situations?


The lot attendant doing the stealing seems like it would be one.
Booma94
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hillcountryag86 said:

I obviously don't know all the details. But my general statement is no. Lot owner does not have liability.

At some point, we have to quit putting all responsibility on someone else and take ownership of our actions. You parked in a lot during a a big event. Of course thieves are going to realize it's a target rich environment. And I'm sure there was extra police security but still....


So by attending a game I should just accept that my vehicle will be broken into?

As I stated, they rummaged through my console and didn't take anything of value- I didn't have a bag of money or a laptop sitting out in plain sight.

Just attending an event seems like a pretty low threshold of personal responsibility.
Claude!
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Booma94 said:

Claude! said:

As usual, the answer is that it depends. The lot owner may be liable in certain situations, but it depends on a lot of circumstances. Generally, though, you're probably not going to win.
Just for grins, what are some of those potential situations?

Known risk- "yeah, that area is bad during games"?

No lot attendant on duty?

TriAg2010 mentioned one - where the lot was behind the theft - but they could also have some level of liability if you could show significant negligence on their part, or if they made an affirmation that your car would be secure from theft.
DannyDuberstein
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You paid for a parking space, not a security service. Highly, highly unlikely you would be successful unless you can prove an employee was involved in it. If they gave some assurances on security, then you may have something, but all of these companies go out of their way to do the opposite by expressly stating they are not responsible for the security of your vehicle and the risk of loss is yours
Bondag
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you will notice that they now have a lot of signs that say do not pay cash to people. There is an app for most lots, and there would be people with signs taking cash, then they could call their buddy to boot your car. That racket was cracked down on.

Contact your councilman or the mayor and complain, not that it will do any good, but thats the only thing that will get more attention to it.
Booma94
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Bondag said:

you will notice that they now have a lot of signs that say do not pay cash to people. There is an app for most lots, and there would be people with signs taking cash, then they could call their buddy to boot your car. That racket was cracked down on.

Contact your councilman or the mayor and complain, not that it will do any good, but thats the only thing that will get more attention to it.
That is exactly this situation. I paid to park on an app and they had signs at each entrance stating not to pay the attendant- use the app or the pay station provided at the lot.

I didn't see an attendant, and the sign implies that the lot is an attended lot.
Bondag
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Booma94 said:

Bondag said:

you will notice that they now have a lot of signs that say do not pay cash to people. There is an app for most lots, and there would be people with signs taking cash, then they could call their buddy to boot your car. That racket was cracked down on.

Contact your councilman or the mayor and complain, not that it will do any good, but thats the only thing that will get more attention to it.
That is exactly this situation. I paid to park on an app and they had signs at each entrance stating not to pay the attendant- use the app or the pay station provided at the lot.

I didn't see an attendant, and the sign implies that the lot is an attended lot.


The "attendant " is a scammer that's why they have to add. They don't pay someone to watch the lot. When you sign on to the app you relieve them of liability.
AtticusMatlock
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You didn't read the terms and conditions!?

hillcountryag86
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Booma94 said:

hillcountryag86 said:

I obviously don't know all the details. But my general statement is no. Lot owner does not have liability.

At some point, we have to quit putting all responsibility on someone else and take ownership of our actions. You parked in a lot during a a big event. Of course thieves are going to realize it's a target rich environment. And I'm sure there was extra police security but still....


So by attending a game I should just accept that my vehicle will be broken into?

As I stated, they rummaged through my console and didn't take anything of value- I didn't have a bag of money or a laptop sitting out in plain sight.

Just attending an event seems like a pretty low threshold of personal responsibility.
And you clearly took my statement out of context. Every time I park for a big event, it crosses my mind I'll have my vehicle broken into. The Rim and La Cantera, both off I-10 in SA and both considered 'good' areas, are notorious for vehicle break-ins. Don't like it but I accept there is risk if I go there..
DannyDuberstein
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The sign tells you not to pay a scammer lol
AggieArchitect04
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Parking lots?

Anytime I attend a sporting event, I always have my personal driver drop me off right at the entrance. I bring 2 members of my security detail to escort me so no one accidentally bumps into me on the way to my private suite.

Lol. Poors.
Martin Q. Blank
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Quote:

So by attending a game I should just accept that my vehicle will be broken into?
Yes. Roll your windows down next time.
Ryan the Temp
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Insurance adjuster friend of mine told me to always park on the street. When you park in an event parking lot, thieves know you'll be gone for a certain period of time. If you park on the street, the amount of time you'll be gone is less predictable. It might not prevent a theft, but according to him the chances of a theft are lower.
C@LAg
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AggieArchitect04 said:

Parking lots?

Anytime I attend a sporting event, I always have my personal driver drop me off right at the entrance. I bring 2 members of my security detail to escort me so no one accidentally bumps into me on the way to my private suite.

Lol. Poors.
Having a driver drop me off?

I just have my butler's assistant hire the artist and fly them to my beach property for an in-person private event for me and my friends.

LOL, Poors.
RikkiTikkaTagem
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Booma94 said:

hillcountryag86 said:

I obviously don't know all the details. But my general statement is no. Lot owner does not have liability.

At some point, we have to quit putting all responsibility on someone else and take ownership of our actions. You parked in a lot during a a big event. Of course thieves are going to realize it's a target rich environment. And I'm sure there was extra police security but still....


So by attending a game I should just accept that my vehicle will be broken into?

As I stated, they rummaged through my console and didn't take anything of value- I didn't have a bag of money or a laptop sitting out in plain sight.

Just attending an event seems like a pretty low threshold of personal responsibility.


You said "truck". Trucks get broken into specifically because there's a higher chance there's a gun in there that's obviously going to be hidden.

Unless you're going to go "falling down" on random street thugs, yes that's the threshold we now accept as a society. It shouldn't be acceptable but it is.
Matsui
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Sorry this happened to you.
NoahAg
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Booma94 said:

hillcountryag86 said:

I obviously don't know all the details. But my general statement is no. Lot owner does not have liability.

At some point, we have to quit putting all responsibility on someone else and take ownership of our actions. You parked in a lot during a a big event. Of course thieves are going to realize it's a target rich environment. And I'm sure there was extra police security but still....


So by attending a game I should just accept that my vehicle will be broken into?


It's Houston, so, yes.
permabull
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TXAG 05 said:

Booma94 said:

I know this is an opinion forum and not a place for legal advice, but here goes-

I was parked downtown for the Astros game in a private paid lot and my truck was broken into. Window smashed and they rummaged through my console in broad daylight. Nothing of huge value taken, but I get to deal with the annoyance of repairing my window.

I filed a police report with HPD and I am certain it will be their biggest priority crime to solve this week.

Anyway, my question is this- since I paid $30 to park, does the parking lot owner have any liability?

When I called and talked to the company, the guy I talked to said "yeah, with the Astros games and the lots full it's bad in that area". If they know it's bad aren't they obligated to provide some sort increased security if they're going to charge to park? They have staff on hand to boot cars if they haven't paid, so they get their money. But they aren't obligated to provide even minimal security?

Asking for myself...


Pretty sure every parking lot/garage has signs that say don't leave valuables in your car, we are not liable


Just because the sign says that doesn't mean they aren't liable, just like the trucks that say stay back 500ft not liable for windshield damage. I think I saw one that said stay back 1000 ft once.
Larry S Ross
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Yep they got 3 detectives working on it!!!
Good Day.
Bondag
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permabull said:

TXAG 05 said:

Booma94 said:

I know this is an opinion forum and not a place for legal advice, but here goes-

I was parked downtown for the Astros game in a private paid lot and my truck was broken into. Window smashed and they rummaged through my console in broad daylight. Nothing of huge value taken, but I get to deal with the annoyance of repairing my window.

I filed a police report with HPD and I am certain it will be their biggest priority crime to solve this week.

Anyway, my question is this- since I paid $30 to park, does the parking lot owner have any liability?

When I called and talked to the company, the guy I talked to said "yeah, with the Astros games and the lots full it's bad in that area". If they know it's bad aren't they obligated to provide some sort increased security if they're going to charge to park? They have staff on hand to boot cars if they haven't paid, so they get their money. But they aren't obligated to provide even minimal security?

Asking for myself...


Pretty sure every parking lot/garage has signs that say don't leave valuables in your car, we are not liable


Just because the sign says that doesn't mean they aren't liable, just like the trucks that say stay back 500ft not liable for windshield damage. I think I saw one that said stay back 1000 ft once.


If you pay to park there you agree to their terms. Voting in local government matters.
RikkiTikkaTagem
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permabull said:

TXAG 05 said:

Booma94 said:

I know this is an opinion forum and not a place for legal advice, but here goes-

I was parked downtown for the Astros game in a private paid lot and my truck was broken into. Window smashed and they rummaged through my console in broad daylight. Nothing of huge value taken, but I get to deal with the annoyance of repairing my window.

I filed a police report with HPD and I am certain it will be their biggest priority crime to solve this week.

Anyway, my question is this- since I paid $30 to park, does the parking lot owner have any liability?

When I called and talked to the company, the guy I talked to said "yeah, with the Astros games and the lots full it's bad in that area". If they know it's bad aren't they obligated to provide some sort increased security if they're going to charge to park? They have staff on hand to boot cars if they haven't paid, so they get their money. But they aren't obligated to provide even minimal security?

Asking for myself...


Pretty sure every parking lot/garage has signs that say don't leave valuables in your car, we are not liable


Just because the sign says that doesn't mean they aren't liable, just like the trucks that say stay back 500ft not liable for windshield damage. I think I saw one that said stay back 1000 ft once.


Always wondered about this. Especially when the print is so small you couldn't read it at 500 feet even with 20/20 vision or when they're driving around in 5 o clock traffic. Worth another thread in my opinion
vin1041
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Downtown Houston has kinda of gone down since Covid.
IIIHorn
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RikkiTikkaTagem said:

permabull said:

TXAG 05 said:

Booma94 said:

I know this is an opinion forum and not a place for legal advice, but here goes-

I was parked downtown for the Astros game in a private paid lot and my truck was broken into. Window smashed and they rummaged through my console in broad daylight. Nothing of huge value taken, but I get to deal with the annoyance of repairing my window.

I filed a police report with HPD and I am certain it will be their biggest priority crime to solve this week.

Anyway, my question is this- since I paid $30 to park, does the parking lot owner have any liability?

When I called and talked to the company, the guy I talked to said "yeah, with the Astros games and the lots full it's bad in that area". If they know it's bad aren't they obligated to provide some sort increased security if they're going to charge to park? They have staff on hand to boot cars if they haven't paid, so they get their money. But they aren't obligated to provide even minimal security?

Asking for myself...


Pretty sure every parking lot/garage has signs that say don't leave valuables in your car, we are not liable


Just because the sign says that doesn't mean they aren't liable, just like the trucks that say stay back 500ft not liable for windshield damage. I think I saw one that said stay back 1000 ft once.


Always wondered about this. Especially when the print is so small you couldn't read it at 500 feet even with 20/20 vision or when they're driving around in 5 o clock traffic. Worth another thread in my opinion
A related scenario.

You can see a truck hauling a huge tank a half mile back. Finally you get close enough to see a sign that says: "Oversized Load".

I assume the item is being transported to a size reduction facility.
Funky Winkerbean
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Absolutely not. Same as gun manufacturers being held liable for school shootings.
GoAgs11
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AggieArchitect04 said:

Parking lots?

Anytime I attend a sporting event, I always have my personal driver drop me off right at the entrance. I bring 2 members of my security detail to escort me so no one accidentally bumps into me on the way to my private suite.

Lol. Poors.
figured you would need security. lmao
MouthBQ98
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If we'd adopt Singapore's legal code for these types of crimes, thee would be far fewer of them. That's the problem: when they finally get caught, they get virtually no memorable or consequential punishment.
62strat
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Booma94 said:

Claude! said:

As usual, the answer is that it depends. The lot owner may be liable in certain situations, but it depends on a lot of circumstances. Generally, though, you're probably not going to win.
Just for grins, what are some of those potential situations?


A pole in their lot holding up one of their signs (or say a light pole on their lot) falls and hits your car?

Or you're walking on their lot and you slip on some grease/oil and fall?

Booma94
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Bondag said:

permabull said:

TXAG 05 said:


Pretty sure every parking lot/garage has signs that say don't leave valuables in your car, we are not liable
Just because the sign says that doesn't mean they aren't liable, just like the trucks that say stay back 500ft not liable for windshield damage. I think I saw one that said stay back 1000 ft once.

If you pay to park there you agree to their terms. Voting in local government matters.
Where are the "terms" posted that I am agreeing to? Does the partially blocked sign near the pay station that says "Management Will Not Be Liable For Any Loss or Damage" constitute terms?

I guess I understand a grocery store being able to say "not responsible for damage caused by carts" because they allowed you to park for free, carts are provided as a courtesy, and the store has little to no control over what people do with those carts.

A private parking lot, on the other hand, is charging you for providing the space to park. Doesn't that give them some responsibility for providing even minimal security while you are using their facility? Especially if they know there is increased crime during certain events? They don't have any obligation to provide cameras, or adequate lighting, or a lot attendant?

I'm not arguing with you, I'm just trying to understand how they are completely free of any liability for anything.just because they may have put a sign up.
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