-3

Clarification: Yes, we were negligent in placing the handbag in the rear passenger seat. We thought since it was dark and in an enclosed and busy parking lot, and the passenger windows were tinted, it would be safe. The issue is the YMCA has refused to install cameras in their parking lot for years. They can afford to (it is an upscale YMCA and the membership cost is comparable to other gyms). Thefts have happened repeatedly from their lots. If they had cameras installed then the police could have caught the thief. The police said our dashcam video of the theft on the other side of the lot unfortunately did not catch details.

At around 6:10 pm last week, we parked our car at the local YMCA (Illinois, USA) and went in to workout.

When we came out, the rear passenger window was smashed in and my wife's handbag which was on the seat was stolen. They smashed the window so that the alarm would not go off. If they had tried to open the doors, the alarm would have gone off.

We had to cancel credit cards, freeze our credit, freeze bank account. Our AAA Auto insurance deductible is $1000 so since the loss (about $700) is less than that, ($400 for handbag + cash + $300 for glass repair) we are ending up spending it all.

The YMCA has refused to install cameras in the parking lot. In fact, at the same time, one of their staff also had her car broken into in the same way.

YMCA management were requested many times by their own employees that cameras be installed in the parking lot. Thefts have happened before in the YMCA parking lots. Yes, we park at our own risk but don't they have a duty towards the safety of their members and employees?

(Our dashcam video could see her car in front, and two lanes away being broken into by people from the same car that was used as their getaway car, while breaking into ours - but no details)

If my driveway in winter is icy and I neglect to put salt (snow-melt) on it, then if a visitor slips and falls, they can file a claim against my home-owner's insurance.

Can I make a claim against the YMCA for the damage and theft which happened in their parking lot?

likejudo
  • 111
  • 2

1 Answers1

4

Parking is almost always at the driver's risk unless stated otherwise. You can check your own local laws, but unless you can show actual negligence -- and not spending money on security cameras for the lot is not negligence -- you have essentially no chance of winning a suit, and every chance of having the judge tell you to pay for the YMCA's legal costs since this is a frivolous complaint.

The fact that it happened to occur in the Y's parking lot does not make it the Y's fault or problem; an exposed handbag could have been the target of a smash-and-grab anywhere.

But I Am Not A Lawyer, nor are most of us here. If you want better legal advice you could try asking on the Law stack, but I expect you will get essentially the same answer.

I'm not sure it was necessary to freeze your bank account, but I don't know that it wasn't a good idea either.

Focus on what you can do to prevent or mitigate a repetition. Do not leave valuables exposed. If possible, park in a highly visible place. Consider whether you might want a car alarm. Consider whether you might want to discuss changing your insurance to better cover this scenario. Consider whether carrying a smaller number of credit cards might be an option, or whether your bank offers enhanced security features you could turn on.

keshlam
  • 52,634
  • 6
  • 87
  • 177