If my car was broken into while at a restaurant, can I make a claim for the damages with the restaurant’s insurer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car was broken into while at a restaurant, can I make a claim for the damages with the restaurant’s insurer?
Asked on July 5, 2011 under Insurance Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, you probably cannot. A property owner (or renter, in the event the restaurant leases the property) is not automatically responsible for damage to another's car or other property. For the restaurant to be liable, one of the following things must apply:
1) The restaurant must have taken on the duty to protect the cars in its lot, which could be indicated by a secure lot, by valet parking, etc.--this is, however, very unlikely.
2) A resturant employee broke into the car.
However, absent some special duty or fault/wrongdoing by a restaurant employee, the fact that your car was broken into in the restaurant's lot does not make the restaurant any more liable than you would be if a friend's car was broken into while parked at your home.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.