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New Stanton, PA asked in Civil Litigation for Pennsylvania

Q: Is this cause for a lawsuit?

We parked in a lot for a Steelers football game. It looked legit but the parking lot attendant taking money did not own the lot. We went to get our car and it was towed at our expense. The fraud lot attendant did get arrested and we were told that after their trial we would get refunded the money. We were stuck in the freezing rain frustrated and upset and without our car. We would like to take further action than just getting our money back. Is there cause for a lawsuit?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In this situation, considering a lawsuit is understandable given the inconvenience and expense caused by the fraudulent parking lot attendant. The fact that the attendant was arrested and a promise of refund was made indicates acknowledgment of the wrongdoing.

For a lawsuit, you would need to establish damages and a responsible party. Your direct financial loss includes the towing fee and possibly other related expenses. However, proving additional damages, such as frustration and inconvenience from being in the freezing rain, can be more challenging in a legal setting.

One potential avenue for legal action could be against the owner of the lot, especially if it can be shown that they failed to adequately secure the lot or were negligent in allowing the fraudulent activity to occur. However, the success of such a lawsuit would depend on the specific circumstances, including the lot owner's knowledge and actions regarding the attendant.

It's important to consult with a lawyer who can evaluate the specifics of your case. They can advise on the viability of a lawsuit and potential outcomes. Keep in mind that legal action can be time-consuming and costly, so it's worth carefully considering whether the potential recovery justifies the effort and expense.

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