can i sue my developer for lack of security in which theft occured at my condominium?

Question

My 60k custom Chopper motorcycle was stolen from my 3rd floor parking garage in broad daylight. The only 2 security cameras installed are 1) frontal views of vehicles entering the garage and 2) another frontal view of vehicles exiting the garage. In the State of Florida, front license plates are not mandatory. There are no rear camera views of vehicles entering or exiting to capture plates. On top of the lack of cameras, entry into the garage is by using a key fab. The problem with that is that the garage gate stays up for aproximately 20 seconds which allows other cars to follow in. There are no gate arms to disrupt cars from following other cars in. In speaking with the technology company that installed the security cameras..etc, they have told me that the developer rejected the idea of added security cameras throughout the garage and also rejected the idea of having to use the key fab when exiting the garage as well as use for entry which would have prevented this situation

Answer 1

This one would be tough -- you need to speak to an attorney to be sure.

As an "owner" of the property, you are responsible for many things. If YOU requested it, and they said they would but didn't, your case would be stronger.

It may, however, been a case of "buyer beware" and your responsibility to insure your vehicle to cover the theft. If you are insured for the theft -- your insurance company will attempt to recover the money from the developer if they think they have a case -- and they have a lot more resources.

Good Luck.

Answer 2

Check your lease. I bet it doesn't even mention security.
If you sue then you have to hold the person liable to the contract that was signed. Unless the security is mentioned in the contract then you are out of luck.

Even if security is mentioned in the contract, all that it requires the company to do is to provide some form of security. They have, it has been proven to not be good enough, but they can't turn your community into a vault.

How was the motorcycle secured. Was it in an open garage, with public access? If so then there is no way to prevent other people from coming in contact with your bike.

If your bike was behind a locked door, with no one except you or the condominium company allowed access then you would have a case. Otherwise you are out of luck. Sorry about that.

Answer 3

The Telephone books are full of Attorneys that would handle this case. Just check under "Real Estate" Attorneys. And if that doesn't do the trick - Call your Local Bar Association, tell them your story and ask them for a referral to an Attorney who normally handles these kind of cases. Chances are that you could easily find an Attorney that would handle this case on a "Contingency Fee" basis with just a little up front to start with. Whether or not it "goes to Court or Mediation" depends on a lot of things way to numerous to mention here. Good Luck!

Answer 4

Nope, you can't. Unless they gave you some written guarantee of security, your property is legally your responsibility. If you park your car at the mall and it gets stolen, can you sue the mall?

Answer 5

No, protect your stuff better.