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Motorcycle stolen...Please Only serious helpful answers? |
I had my motorcycle inside my gated community parked right in front of the security booth and it had a huge lock on the back wheel a lock on the front wheel and a cover over the bike but it was still stolen and i need to know if i can sue my condominuim since they don't really care and i went to the police station and i got a crime grid in the complex and there are several Grand theft auto within the complex just for the past year and looks like they never did anything to prevent that from happening and neither told me when i signed the lease when i told them i had a motorcycle and needed a secure enviorment...I need to know if i can sue the condo and if i can what type of attorney should i look for to help me out since there are several types of attorneys.......PLEASE ONLY ANSWER IF YOU ARE POSITIVE!!!!! Thanks!!!!!!!!!!!!!!!!!!!! what i left out was that the security booth has a guard there all night and day 24/7...and after the bike was stolen i questioned the guard and he gave me different answers like first he didnt see the bike than he did then he saw a guy riding it out but didnt know it wasnt the owner...when i did the report a cop told me a van was stolen around the place around that night so it wasnt ridin out but caried out in the van so he had to see it....the property manager said he saw the cameras and didnt se a bike being ridin out so thats wierd huh?? but the property manager wont do anything about it...i also walked around the condo and its a GATED community and there are alot of holes and places were it makes it easy for someone to jump in or just walk in doesn that help me at all??? please helo me guys i appreciate it You could try to sue but it is difficult to say the outcome without knowing more. Do they have security patrolling the outside ? Do they have enough lighting ? Unfortunately something as simple as having proper lighting outside at night is enough to absolve them of fault in this case. All they will have to do is prove that they have made a reasonable effort (in the courts eyes) to prevent crimes like this. Lightning, cutting down shrubs, bushes and trees that obstruct view or even having someone patrol the lot are enough and in some cases overkill to prove that they are taking adequate steps to prevent crime. You can sue anyone for anything. The question is will you receive a judgement. I think probably not. If there is nothing in you lease that specifically calls for the Condo to ensure your belongings (and I betting there is not) than they have no liability, It would be the same thing as if someone broke into your condo and stole your belongings, if you do not have renters insurance than nothing would be covered. You can sue. You will only win if you can provide a document that states the complex expressly assumed responsiblity for thefts like this or agreed to provide security agaist theft. Check your lease, but I seriously doubt you'll find anything. In fact most expressly state they are not responsible. This is why you buy insurance. You cannot sue your condo unless they were specifically negligent in protecting your motorcycle (and you can prove it). It's your duty to protect your property. Even when you do what you think are all the right things, sometimes bad things happen and the only other person you can blame is the bad guy. See whose responsible for the insurance (it should be in your lease) . . . look for the clause that goes something like this " blah, blah personal property & theft insurance is the responsibility of blah, blah, blah . . . if you are not required to carry it in your lease you may be able to file on the owner's insurance . . . You can sue anyone for anything but I don't think you have a case. I doubt the court is going to pass your loss on to them. |
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