QUESTION

Can I sue my Apts for my stolen car.

Asked on Aug 03rd, 2023 on Premises Liability - Texas
More details to this question:
My Apts claim to have a security guard but we have never seen one present. And our gate is constantly left open so people can enter without a code. One day those Kia boys stole our car, and I pay a security deposit. Can my Apts be held liable?
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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You may have a good faith claim against the owner of the apartment complex if you can show it was foreseeable that your car would be stolen because the gate is constantly left open.  The most effective way to show foreseeability in this type of situation is to prove that the owner knew of several other similar thefts which occurred before the theft of your car.You should check your lease agreement first, however, as most lease agreements contain language exculpating the property owner, landlord, and management company of any responsibility for theft or damage to your personal property and for any loss caused by the acts of other parties.Even if your lease does not contain such language, a judge or jury can consider the responsibility of the unknown person who actually stole your car in comparison to any negligence by the property owner that contributed to the theft.  Usually, the unknown person will be apportioned the majority of legal responsibility in such situations.Your own auto insurance company probably covers the theft under its comprehensive coverage provisions.
Answered on Aug 15th, 2023 at 11:46 AM

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