Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.

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1. Most tow companies have disclaimers posted that states that they are not liable for any personal items in vehicles. They would be liable for damage that the tow operator caused to the vehicle in the towing (or in the moving of vehicles on the lot). Unfortunately, they are not liable for the criminal acts of a third party, and there is no law that requires a tow lot to provide security guards. If they have someone there, and he called the police when this happened, that's really all they're required to do.

2. The person who stole the saddle. If your daughter knows who it is, she can file suit. A civil case is not the same as a criminal case - proof doesn't have to be established beyond a reasonable doubt. If she could show that, more likely than not, this person took her saddle, she could recover for him. Because the standards of proof are so different, it's not that uncommon for a person to be found civilly liable even where he was not criminally liable (the most famous example of this is the O.J. Simpson trials). Also, your homeowner's insurance might cover it, so it may be worth asking them, depending on the amount of your deductible.

3. Unfortunately, no. Only an attorney can represent someone in court. A power of attorney gives someone authority to act in a few situations, but not to represent them legally. She could assign the claim to you, and then you could sue to recover. Essentially, you would be buying the claim from her. That needs to be done in writing. The fact that you paid for the tow and the window actually isn't relevant in that case, except that it can be considered as consideration for the assignment. But, again, the case here isn't against the tow company. Unless there is evidence that the tow yard employee is the one who took the saddle, you wouldn't be able to recover against them.

I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.