Neglignece and Liability?

Started by FionaC1 • 4 replies • 1449 views

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FionaC1 (Washington)
Posts: 93

Posted:

I had a great question asked of me today and I thought I'd put it forward to see if anyone has an idea where liability lays with this issue?

We have had a rash of petty thefts occurring on our property. Our CCTV has picked up most activities and it clearly shows that these thieves do not break in but are often let in by our own!

I was asked to day if a fellow resident can be proved to be the reason why an item was stolen, ( a car for example) can the homeowner who left the person in be found at fault?

I told the resident who asked I am not sure and you can sue for anything. Please advise if can.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is a legal question. It is called "Piggybacking" a security issue. The problem here is the person doing the crime is not being invited onto the property. They are not visiting a person. If it was someone's company or roommate, it may be different. However, it's kind of falls under negligence of being diligent.

Your security cameras caught the crime but did not prevent it either. The item/damage has already been done. I think cameras can give a false sense of security as they rarely deter crime as much as provide evidence. No one can prove that because you had cameras installed they did not commit the crime. Just understand cameras are good to have but they are limited.

The person can always sue the person for letting them in if they want. It doesn't mean they will win. Keep in mind the criminal if caught will go to CRIMINAL court and charged by the police. A person who wants to blame someone for letting the person in, will have to file a lawsuit in CIVIL court. Sometimes they don't allow the evidence from one to go to the other until it is ruled upon. It really doesn't provide much benefit and can take a long time. Not really worth the effort unless it's believed the person letting people in is doing it on purpose and part of the crime.

Former HOA President

RichardP13 (California)
Posts: 1,767

Posted:

The association is not liable for the property that is stolen, but can assist the homeowner who was the victim by providing them or the authorities access to the security footage.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RichardP13 on 08/25/2013 9:36 PM
The association is not liable for the property that is stolen, but can assist the homeowner who was the victim by providing them or the authorities access to the security footage.

I agree. It is not an association issue. Keep the association out of it except for providing a copy of the tape to the proper officials.

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By FionaC1 on 08/25/2013 8:20 PM
I had a great question asked of me today and I thought I'd put it forward to see if anyone has an idea where liability lays with this issue?

We have had a rash of petty thefts occurring on our property. Our CCTV has picked up most activities and it clearly shows that these thieves do not break in but are often let in by our own!

I was asked to day if a fellow resident can be proved to be the reason why an item was stolen, ( a car for example) can the homeowner who left the person in be found at fault?

I told the resident who asked I am not sure and you can sue for anything. Please advise if can.

The person to talk to is your HOA insurance agent.

Right now you are only talking about petty theft.

Consider that it might change should it become grand theft or assault.

I am not from your area or your city so you might want to also check with the legal codes.

http://www.securitynet.com/137-top-ten-security-mistakes-home-owner-associations-make.html

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