Car broken into at work, who's liable?

[suby]

So my girlfriend's car was broken into while she was at work yesterday (Plainfield). Three Mexican boys under the age of 18 which were consequently released to their parents because they were minors (what ever happened to chopping peoples hands off? ... kidding... kinda) They messed up the dash of her car pretty good trying to pry out the CD player. Then when Plainfield PD found them and flipped on the red and blues, the kids tossed the CD player and her iPod out the window (WTF!? Like the police behind you weren't going to see that?) Sigh. So she's out a CD player, iPod, and lots of plastic parts that I'm currently trying to track down in junkyards (it's a cavalier, should be plently of those sitting in junk yards right?) What gets me the most is when Plainfield PD brought them back to the where she works so they could be identified by the employee who saw them and called the PD in the first place. Girlfriend was pretty upset at this point (she just bought the car FRIDAY!) while talking to the cop; the boys just sat in the back of the cop car laughing and making faces at her. No respect whatsoever.

Anyway, here's my question, is the company she works for liable since it happened on their property? I'm kinda thinking they are NOT unless she proves negligence on their part, which I don't see happening since the employee saw it in progress and called the PD. But I don't think they have any cameras watching the lot or any signs deferring responsibility of the vehicles parked there. I don't really think she wants to get into a legal battle with the company, but if she could get them to pay for it, that would be great since otherwise she is screwed. (no comprehensive coverage on the car insurance side)

 

[Liberty's Teeth]

Find out where they live....and send them a fruit basket.

 

[misconfig]

I honestly doubt the employer would be responsible for such a thing - you're better off contacting the insurance agency and getting things repaired.

Or you're stuck paying out of pocket, you may consider sueing the parents of the heathens. In a situation like this - the parents are totally responsible for their personal spawn of Satan.

 

[melensdad]

It is highly UNLIKELY that the company is in any way liable or negligent. There is no law that requires they have cameras, monitors or anything else watching the parking lot (or any other areas) and there is no requirement that they state in their rules or in their employee manual that employees who park on the property are parking at their own risk.

Why not go after the kids (or their parents) for the damage the kids did. Ultimately they are responsible for their own actions (or their parents are responsible). Contact the local prosecutor about going after the kids/parents!!!

 

[2ADMNLOVER]

I cant pretend to know anything about the law but I would think your on your own on this one . If your GF tried to sue her company , I would think they would in turn fire her for some made up reason .

I would try to sue the parents for sure though .

 

[wolfman]

Small claims court.
Several years ago, where I work (small place) was broken into by kids, and they set off the fire extinguishers and stole some things. Cops found them, manager sued in small claims, and won , took a couple of years, but they had to pay the court, then the court cut my company a check.

 

[Dryden]

That's the problem.
It takes a couple of years to settle. By then, the perps have moved away, you may have just said "screw it", the value of your property has declined, you spent money and time fighting the courts.....etc.
By the time "justice" is served, you wonder if it was all worth it.

 

[redneckmedic]

The kids parents are 100% liable if they are found guilty in a civil court or have charges pressed and convicted!!!

 

[Clay]

Imagine this america: The kids who broke into the car are liable...... and if they cant afford to pay it, then the parents are liable for your restitution, and getting the money out of the kids (one way or another).

 

[Scutter01]

Seems like your insurance would cover the damage, and then you sue for the deductible and the insurance company sues for what they had to pay out.

 

[jennybird]

I like the gift basket idea. Did the cops give her any contact information for the kids parents?

 

[suby]

Thanks for the replies everyone. Pretty much what I assumed, company isn't liable. I'm not sure how far we're willing to go with suing the parents, but I knew they were technically liable. The question now is, as someone else said, is it even worth it? For the sake of justice, yes of course it is. But in reality, it is a lot of time/stress and a big hassle for a few hundred dollars. Sad reality of the state of our justice system

 

[suby]

Not sure I'll have to ask her when she gets home from work.

I like the gift basket idea. Did the cops give her any contact information for the kids parents?

 

[Scutter01]

Small claims court is easy and doesn't require a lawyer. It's like a $35 filing fee and the court will serve the papers (usually through the Sheriff or equivalent). Collecting may be a different matter...

 

[Biohazard]

It's interesting that companies (in general, not necessarily hers) can say that you can't keep a gun in your car for liability reasons, but can then turn around and say that they have no liability for things like a break in.

I realize that it isn't the exact same, but it seems like a double standard.

 

[jennybird]

Small claims court is easy and doesn't require a lawyer. It's like a $35 filing fee and the court will serve the papers (usually through the Sheriff or equivalent). Collecting may be a different matter...

If they're drug into court, I would like to think madre and padre would make sure those snot-nosed little fuggers get the asswhoopins they deserve. If they're not drug into court, the kids will keep right on laughin it up. My advice... take em to small claims, don't expect any money, but hope for some discipline.

 

[suby]

If they're drug into court, I would like to think madre and padre would make sure those snot-nosed little fuggers get the asswhoopins they deserve. If they're not drug into court, the kids will keep right on laughin it up. My advice... take em to small claims, don't expect any money, but hope for some discipline.

Ya I agree, that would be the least one could hope for. If it were me, I would be taking them to court for sure. Since it's my girlfriend though I have no legal interests in the matter AFAIK, so it will be up to her.

I'm not sure how deep she'll be willing to take it. She's been through a lot lately with this whole vehicle issue. Two weeks ago she was hit (and the driver ran) by an ILLEGAL immigrant which totaled her previous car. Luckily her insurance paid for it. She already has to appear in court though as a witness for the state against the illegal. Now this. We'll see.

 

[HICKMAN]

Small claims court.... then hire some kids from the local football team to "lay down the law"

 

[SC_Shooter]

I'd call the insurance company and let them subrogate back to the employer if they see fit...which I can't imagine happening unless there is more to the story. DEFINITELY pursue the matter with the police to get a conviction (or some sort of pre-trial agreement with an admission of guilt), which will make it practically a slam dunk when you go after the small claims restitution.

If all else fails, ask the prosecutor about that hand thing.

 

[SC_Shooter]

Small claims court is easy and doesn't require a lawyer. It's like a $35 filing fee and the court will serve the papers (usually through the Sheriff or equivalent). Collecting may be a different matter...

Of course, she could wait until they all turn 18 and sue them directly if it is within the small claims statute of limitations. That way, at least the hoodlums would need to clear the judgment from their credit report to get a loan for a car, school, etc. Hey, I've seen a few situations where folks got paid several years later because the deadbeat needed to clear it off their credit report.