Security camera broken...?

Question

My friend had something stolen from a common area in his apartment - there is a security camera pointed directly on the area it was stolen from. He spoke to the management of the apartment and was told the camera wasn't working - and that this had happened before (something stolen and camera broken). Can he recover damages from the apartment - claiming fraud or liable?

Thanks a lot for your help guys. I'd like to help him out b/c he doesn't have a ton of money and he really needed his laptop.

The camera wasn't "broken" it was full and no one had cleared the memory in weeks. The same thing happened when someone else had something stolen - the memory was full then too. Apparently this has been an on-going problem (a year).

Dear Steve, you're so smart. Thanks for pointing that out. Whew! I truly regret writing "memory" instead of "tape" if only the ill-conceived limits of Yahoo Answers didn't restrict me from editing my post I'd fix it in a snap. You're brilliant. Enjoy your hard-earned two points!

They were tapes. They record images every few seconds for several weeks, then they're full and someone must pull out the tapes, log them, and replace them with mem--- no, wait, other tapes.

Answer 1

There is an assumption of safety if the cameras are in plain view. There was a case like this at Kansas State U (sorry i don't have all the details) where an employee was beaten in "view" of the cameras - the police requested the video records and they found out the cameras were broken. the family sued and won a lot of money.

it goes to reliance - if the tennants were "relying" on the safety andassumption that the cameras were functioning properly, your friend could probably have a pretty good legal leg to stand on. its ESPECIALLY good bc it's in a common area, if a theft occurred in his apartment they have reduced liability.

here's part of the article:
It does not take a lot of legal expertise to realize that such cheap dummy cameras and accompanying misleading signs spell trouble for the property owners and management.

Allen Pepper of the law firm Mitchell, Silberberg & Knupp, LLP, says, “The concept isn't too much different than other landlord liability cases. If the cameras don't work [or are fake] and tenants [and visitors] of the property do believe them to be real, there could be an issue of ‘reliance.’

“If the tenants rely on the fact that cameras are present in either entering into a lease in the first place or it influences their decisions regarding their use of the premises [shopper, student or visitor], the failure to disclose that they are dummy cameras might give rise to liability. It gives a ‘false sense of security.’


sorry about your friend! people suck sometimes, wish the world was better.

Answer 2

On the reservation two friends of mine were at a friends house. one of the doors to the truck wasn't locked. they're lap top was taken too! luckily a family member is a cop! to make a long story short. They got the lap top back with the help of the police station and Intel Dell doing their wonderful magic. So chill it's all good! it's easily found. Now for the camera being broke. That i know nothing about. you know what? i would find out how long the camera was broke. Because if their renting pats and telling people we have security and they don't that's a lie.Using they're security camera as a perk! the thing don't work. think about it. Also managers have been known to enter apts. to do crazy things! there people too!

Answer 3

This came up recently at a condo board meeting, and we were trying to decide if we should just put up stickers that say we have cameras. And someone pointed out that having signs or stickers and not having cameras would create a liability issue.

So, the short answer I guess, if your building posts signs that says the area is under surveillance then I think they are liable for upholding that. I would also investigate weather that is a service widely promoted to residents, which might also determine whether the building is liable or not as they might be required to maintain that service.

Answer 4

Your story about the camera is flawed. If fit uses a tape, there is no 'memory' to clear. If it records to a computer file, the computer automatically overwrites the oldest file when the disk is full.

That is not important in any case. I am willing to bet your friend's lease specifically states the management is NOT responsible for items left in common areas. Such a disclaimer will probably hold up in court. If he could show that an employee of the apartment was responsible, not simply negligent, he may have a claim.

Answer 5

He could try taking the people who own the security system to small claims but I doubt he would win but it may be worth a shot.Check and see if security is mentioned on the lease or rental agreement.
I'd call it a false sence of security.
How long has the camera been broken? How many people know about it being broke?
I'm sorry for your friend.

Answer 6

Stuff like this is really frustrating....The same thing happened to me at Rite Aid...My wallet was stolen and I asked to see the video cameras and they said I couldn't...I called the cops and they took a report but there was nothing that could be done...I'm sorry to say there may not much that could be done...If it's a common area then they would say that's the risk....I'm sorry...That sucks

Answer 7

Urban myth - it would take an industrial electro-magnet to do the trick.

Answer 8

what