Chicago, IL asked in Small Claims and Civil Litigation for California

Q: When a.tow company has your vehicle and its yard, are they responsible for keeping your vehicle and its contents secure

My RV was towed because they've been in the same spot more than 72 hours. The tow company who is contracted with the police department has it in their locked yard. it has been broken into ransacked and a bunch of personal belongings have been stolen. My question is is the tow company liable for my belongings? the owner of the company even made the comment to me that "yeah it's been an ongoing problem. they get vehicles inside their yard and they're not even stored five minutes before they're getting broken into." so he's aware that where he put my house that contains everything I own was not a safe place. Is he liable? Can I sue? My RV was also physically damaged because doors were pried open in the windows were jimmied

2 Lawyer Answers
Donald M Barker
Donald M Barker
Answered
  • Costa Mesa, CA
  • Licensed in California

A: Yes, if the Tow Yard knew, or should have known, of a risk to property in its control/possession, or if Two Yard failed to take "Reasonable" steps in storing a vehicle, the Tow Yard may be liable.

Reasonable: Locking vehicle inside locked/gated tow yard--Unless prior knowledge of theft in yard. Unreasonable: Storing vehicle on dark, public street, at night, with keys in ignition.

Donald M Barker
Donald M Barker
Answered
  • Costa Mesa, CA
  • Licensed in California

A: Yes, if the Tow Yard knew, or should have known, of a risk to property in its control/possession, or if Two Yard failed to take "Reasonable" steps in storing a vehicle, the Tow Yard may be liable.

Reasonable: Locking vehicle inside locked/gated tow yard--Unless prior knowledge of theft in yard. Unreasonable: Storing vehicle on dark, public street, at night, with keys in ignition.

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