QUESTION
Can I sue a security guard company for damages to my car that was stolen from right in front of the security guard?
Asked on Apr 26th, 2013 on Personal Injury - Michigan
More details to this question:
On Monday April 22nd 2013 I arrived at work at 6:45am. As I pulled into the parking lot I drove past the security guard Royce who was sitting in his car backed into the spot where he is every morning. I waved at him and he waved at me like we do every morning. I parked my car straight ahead where I park every morning and sat there listening to the radio and putting on my makeup until 6:55am. I got out of my car locked it up and proceeded to walk away towards the corner of the building. As I did I again waved at Royce and he waved backed. Royce and I were the only two cars parked in that area at that time of the morning on Monday’s and Tuesday’s as most of the employees arrive at work at 9:00am on those days. I purposely park in that spot because Royce is always sitting in his car and my car is in full view so it gives me a sense of security to know that he is watching over it at that early hour when the parking lot is so empty on those days of the week. Between 6:55am and 7:25am someone had opened my car and took at least 15 to 20 min. to completely destroy my steering column and use a drill to drill out my ignition. Once the car was started they backed my car out of its spot and pulled in and parked another stolen car in its place got back into my car and took off. Obviously a lot of activity was taking place. At 7:25am which is when Royce said he got out of his car and walked over to the area where my car had been parked and found a set of keys on the ground. He told me he found them on the ground, He told Human Resources he found them in the front seat of the car. I don’t know if the car door was open and that’s what made him go over to look at the car or not, he didn’t say. He grabbed the keys and put them in his pocket. That car was not my car and those were not my keys. My car is a green 96 Honda Civic with a breast cancer awareness ribbon on the left back of the trunk. The car they left in its place was a newer deep emerald or black Toyota.
9 ANSWERS
Ronald A. Steinberg
It sounds like Royce was sleeping on the job. I would make a claim against the security company, however, the company has a contract with your employer or the owner of the building, and you are not a direct party to that contract. You may have to claim that you relied on Royce's apparent skills as a security guard, and that you were damaged as a result.
Answered on Apr 30th, 2013 at 1:32 PM
You don't know enough about the facts to know who you should sue.
Answered on Apr 29th, 2013 at 1:05 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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My answer is yes, though there is a wrinkle: You did not hire the security company, so they will claim there is "a lack of privity" meaning that their duty was to their client who hired them. But that was most likely your employer, and one would suppose that within the scope of that responsibility was providing security to their employees, which includes you. That being said, this is particularly odd: they did all that in a close proximity to where you parked the car when you saw the guard. How could that even happen? And the business of putting a different car there? What's up with that? Very peculiar.
Answered on Apr 28th, 2013 at 9:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The key question is whether Royce and his employer owed a duty to you, as opposed to your employer. This is not entirely clear. Consult a skilled plaintiff's lawyer.
Answered on Apr 28th, 2013 at 8:29 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You may want to call a few attorneys, but I do not believe the security guard can be held liable to you for this. For one thing, you must prove the guard was negligent. From what you wrote, I cannot tell what he was doing at the time, but if he was away from his post for legitimate reasons, he would not be negligent. He might be if he was at his post not paying attention. A larger problem is the guard may not owe a duty to you to exercise due care. Rather, the guard may owe a duty to the company that hired him. One important question is what is our relationship to the parking lot. Is it provided by an employer to employees? Is it provided to the public? Do you pay to park there? If you pay to park there, does the entity you pay advertise security as a benefit you are paying for? If so, then the owner of the lot may have some liability.
Answered on Apr 28th, 2013 at 8:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I suppose you can but you will have to prove not that he was on guard but that some failure on his part caused your loss. You cant secure against criminal behavior of other people. I don't know what happened and neither do you, so what will you prove?and how will you prove it is his fault?think about it.
Answered on Apr 28th, 2013 at 8:19 PM
Thomas Edward Gates
It depends upon what the purpose of the security guard being there. You may also be able to sue your company, since they had defective service to their employees.
Answered on Apr 28th, 2013 at 8:17 PM
James Eugene Hasser
Yes, if you can show that the security guard was negligent, but wouldn't it be easier to file an insurance claim and let the insurance company worry about getting their money back? Good luck.
Answered on Apr 28th, 2013 at 8:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Interesting case, it may well be possible to essentially seek some form of contribution from the security company. Royce was either sleep, or had left his post otherwise the incident could not have occurred. Regarding your scenario, please be aware that the damage is described your car can be inflicted by a person skilled in car thievery in a matter of seconds or minutes.
Answered on Apr 28th, 2013 at 8:06 PM