Here’s my situation. My wife’s car was vandalized in our apartment complex. Her tires were stolen off of our car. We live in a gated community. The gate to the property has been broken for some time now, so the gate is always open. My question is this: Is the property liable for the damage done to my wife’s car? They claim they aren’t because the they that the gate is an access gate and not a security gate; but my position is, wether or not it’s a security gate should be irrelevant because they both require a code to get in, so how could someone gain ACCESS without the gate being broken?
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Robbed on property
Posted by Legal Information in July 28th 2008
1 Answer
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You probably don’t have a case but you may want to double check with a lawyer. Here is the problem. Although its a gated community how can you prove it wasn’t a neighbor who stole the tires. Second, although its a gated community there is no reason to believe someone couldn’t gate the community.
My guess is that you don’t have a case.