Legal Question in Personal Injury in California

Who's liable for propety damge after theft?

My husband volunteered to drive for my daughter's class field trip. The teacher had my husband drive another parent in our van. My husband was not aware that she left her purse in the van after they parked. When they returned to the parking lot the van's window was broken and her purse (nothing else) had been stollen. Is she responsible for the damages? It was clearly her purse being left in the van that led to the break in.


Asked on 1/14/08, 10:10 pm

4 Answers from Attorneys

Eric Alford Law Office of Eric K. Alford

Re: Who's liable for propety damge after theft?

"It was clearly her purse being left in the van that led to the break-in" is not sound. It is akin to saying that it is your fault that a burglar broke into your house because he could see nice things through the windows. The girl cannot be held liable for (enticing) the criminal actions of others. If you have comp you should be fine.

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Answered on 1/18/08, 7:28 pm
Lenore Shefman Shefman Law Group

Re: Who's liable for propety damge after theft?

Short answer, no, I do not think you can blame the person who left your purse in the van for the van being broken into. It could be argued that the thief also took something else that heretofore has not been discovered missing, perhaps they broke in looking for a certain type of stereo and when they did not find it they took the purse instead, the possibilities, as you see are limitless. You should check with your insurance company to see if the break in is covered on your policy. If it isn't you might also check your homeowners policy or renters policy. In the end, you may even be able to help the parent of your child's friend and peer recover for her loss as well as recovering for your own.

Best,

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Answered on 1/17/08, 11:22 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Who's liable for propety damge after theft?

No. That is what comprehensive isurance is for.

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Answered on 1/17/08, 12:01 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Who's liable for propety damge after theft?

I agree.

This is what comprehensive auto insurance is for.

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Answered on 1/20/08, 2:03 pm


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