Elizabethton, TN asked in Civil Litigation for Florida

Q: Stolen Motorcycle from restaurant parking where multiple bikes have been stolen from. No cameras or warning. Can I Sue?

If the owners know this has happened multiple times, isn't it their due diligence to inform patrons or put up security cameras? When I told them, they only said it wasn't their problem and they had no cameras. 5 motorcycles have been stolen from their property since last year. Are they negligent or liable in any way? Can I sue to recover my losses?

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You're writing from Tenn. but posted this as a Fla. inquiry, so I assume you're talking about an incident in Florida. If so, the answer to all of your questions is YES. You have a case of negligent security, and you should consult an attorney ASAP. Prior police crime records would legally put the business on notice that they should take action to make the premises more secure (such as hiring a security guard and/or installing cameras and signs indicating that cameras are present). The business probably has premises liability insurance that would cover this loss, and if so, an insurance claim needs to be set up. If the claim is not settled at that stage, then you may file suit in court.

Should you have any further questions, you're welcome to call us (Law Offices of Charles M. Baron, P.A.) at (305)933-9292.

Griffin Klema
Griffin Klema
Answered
  • Tampa, FL
  • Licensed in Florida

A: Yes, I agree with Mr. Baron. If the restaurant is in the middle part of Florida, and thus where a lawsuit would have to be filed (rather than South Florida, where Mr. Baron is located), I would be pleased to discuss your case further.

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