Q: My car was stolen from my apartment complex can i sue my complex?

A: It is possible in good faith to sue an apartment complex under the circumstances you describe as long as you have not waived any right to do so in your lease. You will need to prove that the owners and/or property managers of the complex were aware of the previous car thefts and were aware of the need to fix the gates. You will also need to prove that the broken gates were a proximate cause of the thefts. This can best be proven by examining the thief under oath and having him/her testify that he would not have attempted to steal your car but for his knowledge and familiarity with the broken gate.

A judge or jury will have to proportionately determine the percentage fault to attribute to defendants associated with the apartment complex and to the actual thief. Unless the apartment complex is allocated more than 50% of the fault associated with the theft, those defendants will only be liable to you for the percentage of fault attributed to them by the trier of fact. If the actual thief is never identified and caught, they will be identified by a moniker like "John Doe" and his/her/their percentage of fault will still be determined by the jury. In most cases of this type, the judge or jury allocates most of the fault for a theft to the actual thief or thieves.

Of course, your own automobile insurance will compensate you under your comprehensive coverage for the theft of your car and will be subrogated to any rights you have against the actual thief and against the apartment complex.