Good Day,My vehicle was stolen in a park...

Asked by CarlosA on 29-01-2022 18:39:03
Question posted in the Consumer Protection Law category relating to Gauteng

Good Day,

My vehicle was stolen in a parking lot owned by a strip Mall(Featherbrook village in Roodepoort, Gauteng).  The are currently renovating the premesis and the cameras have been taken down.  To the best of my knowledge there is no signage stating that the cameras are not in operation nor any disclaimer of "Rights of amission" or we are not liable for any theft entering the parking lot.  However as we are well aware, in South Africa we have the car gaurds patrolling the parking lot however nobody saw anthing.

When approaching the Center manager for assitance all they were able to do was call the police, whom never arrived, we then went to the Honeydew police station to open a case.

Is there a case for me to hold the center manager liable for loss of my vehicle whislt on the property on account of them not informing the public of limitations to the security of parking and shopping at their complex?



Message from the Lawyer

Posted by Att. Patrick on 08-02-2022 20:53:42

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

Not unless you can prove that the centre owed you a legal duty of care towards your vehicle while it was parked there, you won't be able to hold the centre liable. We all know that the car guards are nothing more than trolley helpers, and they are not armed, and they won't fight off thieves to protect your car. All they are interested in is the next R10 tip they will get from somebody else. 

I am sure that the centre will have some disclaimer, somewhere, absolving themselves of liability. Even if the disclaimer is on their website, or at the entrance to their mall.

My advice - put in a claim with your insurance company. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.