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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My truck has been vandalized on a parking lot where I make

Customer Question

My truck has been vandalized on a parking lot where I make monthly parking payments. The owner will not pay any damages for my truck!! Is there anything I can do?
Submitted: 3 years ago.
Category: Legal
Expert:  Dave Kennett replied 3 years ago.
Is there anything in your parking rental agreement concerning liability of the lot owner?
Is the lot an indoor facility or is there any protection such as fencing that would indicate an attempt at security?
Customer: replied 3 years ago.

I don't have a written agreement. When I first started parking there the lot had a lock on a gate and partial fencing.


 


This is a big lot, twenty acres, with many trucks parked there. It is an active lot with many tow trucking companies that are active all nite! When I first started using the lot there was a man roaming the lots. He has now disappeared. I first started using this lot back in 2005. I drove a lot back then, staying out for months at a time. I stopped driving at the end of Dec. 2008, because the pay I was receiving was to low. That is when I just parked the truck, and haven't been back out.


 


However, I still pay $150 a month for parking! I have never been late or missed a payment! (I still pay!!) I don't like or deserve the treatment I have gotten lately!! I can't even move the truck...they stole the 4 batteries!!


 


At this point in time...I am at a loss of my truck & trailer!!! I don't have any idea of what to do!!! I think the other truckers are responsible for my losses!! I paid almost $100,000 for that truck and trailer!!! Any ideas?


 


James Lewis

Expert:  Dave Kennett replied 3 years ago.
Dear James - I will assume that you do not carry insurance on the vehicle since that would be the obvious place to seek relief. This will be a question of whether the owner of the lot had any duty to protect the vehicles that are parked on the lot or whether it is a park at your own risk situation. If you had not inspected the vehicle for 5 years there may also be a problem proving exactly when the damage occurred as there is a 2 year statute of limitations on negligence actions. If the owner will not talk to you or discuss the situation then your only option is to file a suit for the damages to your truck based on the negligence of the owner of the lot for not providing reasonable security. You will have to allege that you had an expectation that the lot was secure and that there was some form of security being provided and that the owner had a duty to protect the property that was left in his care. I have no way of predicting the outcome of court cases so I cannot tell you if you will be successful but if the owner carries liability insurance there may actually be some coverage from his insurance. Obviously if you know who did the damage you can sue them as well but you would need some credible evidence against the person or persons whereas the suit against the lot owner would be based on negligence in the protection of the premises and not who actually caused the damage. You would have to file the suit in the county where the lot is located.
Expert:  Dave Kennett replied 3 years ago.
What else would you like to know? I answered your question according to the law and you never asked any follow up questions so I would like to know how I gave bad service?