Parking garages at malls provide convenient access for shoppers. However, they also carry risks of theft and vandalism to vehicles. When a crime occurs in a mall parking garage, determining liability can be complicated.
Responsibilities of Mall Owners
Mall owners have a duty to take reasonable precautions to protect patrons. This includes maintaining well-lit parking garages with security cameras, access control, and periodic patrols by guards. Signage should also warn customers to lock their vehicles and keep valuables out of sight.
If inadequate security is provided, the mall may share liability for parking garage crimes. But they are not necessarily responsible for all thefts.
Liability Depends on Specific Circumstances
Mall parking garages are usually open access. This makes it harder to prevent all crime. The mall’s liability depends on:
- Whether reasonable security measures were in place. More patrols or cameras could potentially have deterred the crime.
- If there was negligence by the mall, like broken access gates, burned out lights, or lack of previous incident response.
- If the victim took reasonable precautions like locking doors and keeping items out of view.
- Terms of the mall’s parking agreement with customers. Disclaimers may limit liability if security is provided.
Police Reports Needed to Determine Fault
To assess liability, a police report should be filed detailing the theft location, time, damaged items, and other specifics. The mall’s security response can then be reviewed along with garage conditions.
Insurance claims may still be filed by victims. But settlement amounts will account for degree of mall liability based on the theft circumstances.
Garage Users Also Have Responsibility
Though malls should provide reasonable safeguards, garage users need to also take precautions like:
- Locking vehicles fully and keeping valuables out of sight.
- Parking in well-lit areas and not leaving items overnight.
- Using anti-theft devices and vehicle alarms.
- Escorting each other to vehicles when leaving malls after dark.
By sharing responsibility, malls, security staff, and shoppers can each help reduce parking garage crime. But when it occurs, liability will depend on the specific situation details.
Frequently Asked Questions
What if a mall has disclaimers posted about parking garage security?
Disclaimers may limit the mall’s liability, but usually not in cases of negligence if reasonable security measures were not taken.
Can I sue the mall if I am assaulted in their parking garage?
It depends – you may be able to if there was inadequate lighting, patrols, or previous incidents not addressed. But malls are generally not liable for random crimes committed by third parties.
Does my car insurance cover thefts from mall parking garages?
Comprehensive auto insurance generally covers items stolen from your car. But liability claims against the mall can also be pursued depending on circumstances.