Re: Do I have a case against the hotel for a parking lot robbery?
- From: calvin (calvin@xxxxxxxxxxx)
- Date: Wed, 31 May 2006 09:50:23 -0500
I stand corrected regarding which insurance might pay for the camera. Thank you jobeth.
As far as it being actionable I believe that liability would have to be determined by the court, regardless of any waivers. However, many
factors would need to be considered in addition to those I previously mentioned, such as; was the crime forseeable and was it preventable.
Was the car damaged in the theft? Was there a police report made? How many calls for service has there been in the recent (2 year) past to
the motel for similar crimes? What security measures does the motel have? What time did it occur? Was there adequate lighting? There are
standards for the lighting of parking lots. Was the car parked in a normal parking area or in a hidden area? Are there surveilance cameras?
All these things (and probably more), would be considered in any litigation of this type. You still MIGHT have a case IF:
1. You could find a lawyer who would take the case on a contingency basis.
2. There was demonstrable negligence on the part of the motel.
3. You had a reasonable expectation (and can prove it), that your car and it's contents would be safe where you parked it (assuming it was in
the motel's parking lot).
Perhaps one of the fine lawyers who monitor this group would jump in here with an opinion.
Good luck,
Calvin
I am not a lawyer. I am an investigator in premisis liability cases.
re-elect no-one
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