Can my employer be held responsible for vehicles being broken into on our parking lot?

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Can my employer be held responsible for vehicles being broken into on our parking lot?

Last week 5 vehicles were broken into on our unsecured lot. There are cameras but all the cameras caught was a blurry picture of the vehicle. We have complained for years about the lack of security in this facility with little to no changes at all. Another person’s vehicle was broken into back in December

and a police report was filed, yet nothing happened. At this point since we have made the complaints and made management aware of the situation and potential danger, is the company liable now for the damages to our vehicles and our stolen property? They stole an after-market radio and a firearm out of my vehicle this time. Oh and there are no signs indicating the company was not responsible for vehicles parked in the lot if that makes any difference at all.

Asked on August 18, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It doesn't matter if there were no signs saying the company was not liable: if there was no agreement by them to *be* liable, they are not responsible and do not have to pay anything. An employer is not responsible for the criminal acts of persons not under its control, even if such were committed on its property. It's the same way that if someone visited you at home, parked in your driveway, and then had their car broken into or stolen, you would not be liable, or would not be liable if you had a party and one guest stole a wallet or money from another. Without the company agreeing to be responsible for this, they are not.


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