Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?
Security at work (a mall) started harassing me parking in a "customer only" area which is more accessed controlled and safer to park in than the employee parking area. The converter was stolen a couple of months after they forced me to move my vehicle (was parking for years without issues before this). I'm able to park where I can have a physical barrier on the converter side of my car in the safer parking lot but security continues to harass me about it and will not let me park there after I explained this to them, they do not seem to care about my concerns for my vehicle and refuse to allow me to park there threatening to tow it eventually. Do I have any recourse or ability to force their hand on this? They pretty much told me "If we do this for you then we have to do it for everyone". Also have this in an email exchange.
A:
In your case, the first aspect to consider is whether your employer or the mall has any legal obligation to provide secure parking. Generally, employers are not required to ensure the safety of employees' vehicles in the parking lot. However, if there's an agreement or policy that guarantees certain security measures, this could influence your situation.
Since your catalytic converter was stolen from the employee parking area, you might question the adequacy of security measures provided there. However, proving negligence on the part of your employer or the mall would require showing that they failed to provide reasonable security measures and that this failure directly led to the theft.
Regarding your desire to park in a customer-only area, the mall’s policy of reserving these spots for customers is typically within their rights. Their refusal to make an exception for you, as expressed in their email, is likely based on maintaining fairness and order in their parking policy.
As for legal recourse, suing your employer or the mall could be challenging. You would need to establish a breach of duty or a contractual right to park in the safer area. Given the complexity of such cases, seeking legal advice from a lawyer who has experience in employment or property law might provide you with a clearer understanding of your options.
In the meantime, consider discussing the issue further with your employer or the mall's management. They may be open to finding a compromise, such as issuing a special parking permit or enhancing security in the employee parking area, especially if you can demonstrate a genuine safety concern.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.