Is the owner of a building responsible for theft of personal equipment in it?
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Is the owner of a building responsible for theft of personal equipment in it?
So basically I left my personal computer inside my office in a co-working space
owned and rented out by a company. Thus, the company I work with, rents one
part of the floor. The access to the building was very unsecured, anyone could come in and out without access checks. My personally owned and used computer was stolen in the early morning, as well as 2 other PC’s from other colleagues. We made a report to the police which came and took fingerprints CCTV images etc. Since then, the company owning the building and the company I work for keep saying it’s the other’s fault/responsibility. I checked with my personal insurance, they won’t cover since in the office, which I totally understand. Thus my question what law or rule exists? Who should cover and come up for the loss? The owner of the building responsible for a too loose security or my company?
Asked on July 24, 2018 under Real Estate Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are responsible for the theft and have to bear the loss personally:
1) An employer is not responsible for thefts from or other crimes committed against its employees, unless the employer caused or directed the theft. A theft is an action against the law (so against what is expected or required), and only the thief is responsible his or her own criminal acts.
2) A property owner is only very rarely responsible for criminal acts committed at its property, under the same logic as above.
3) If you knew the building was, as you describe, unsecured, the it was negligent or carelss of you to leave your computer there; you own negligence would preclude you from recovering compensation from another, since people may not receive compensation to the extent their own negligence caused their loss.
Therefore, there are several reasons why neither the building nor company are liable for the theft.
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