Question posted in the Consumer Protection Law category relating to Gauteng
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
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.
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!