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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, On Friday 30th May between 3.55 and 4.10pm my laptop

Customer Question

Hello,
On Friday 30th May between 3.55 and 4.10pm my laptop and other equipment went missing from my car. Granted the car was unlocked as I was going back and forth loading / unloading kit in full view of where I have a business unit. On talking with my business neighbours today nobody saw anything untoward occurring. My vehicle was parked in full view of a CCTV camera,however upon talking with the Estate Manager this Camera was a mere 'dummy' camera only put there for deterrent purposes. The estate owners took great delight in announcing the improved security,I.e. New padlocks,CCTV etc after a spate of robberies on the estate. My insurance company is refusing to pay for my loss as my car was unlocked. Do I have a case to sue for my loss from the Estate owners?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

It is extremely unlikely that you can hold the estate owners liable for your losses. It is not their negligence that resulted in your losses, I am afraid that was your own act by leaving the car unlocked. Had you entrusted your car to the estate owners and they were looking after it and in turn owed you a duty of care, then if they were the ones that left it unlocked and the theft happened as a result then you could have held them liable. But you cannot apportion liability for the actual theft by arguing that the dummy camera was the negligent act that resulted in the theft occurring. A court of law will almost certainly not attribute the liability to the estate owners in this respect. You have to think logically about what act actually resulted in the theft taking place and the most obvious one would be you leaving the car unlocked. Even if there was a real CCTV in operation, that does not mean that the theft would not have occurred or that the culprit would have been apprehended. These are all big 'if's' and in the circumstances will not help you much unfortunately

Ben Jones :

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks