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re: bike theft liability question



>  From: Thomas Emberson <thomas@xxxxxxx>, on 01/12/2001 11:00:
>
>  Here is a thought/question for y'all. I was talking to a guy this
>  morning that had his bike stolen, yes bike thieves are scum. Anyway,
>  he was in the process of changing from NJ insurance to TX insurance
>  and the bike was currently not covered. So he is now in the process
>  of suing his apartment complex, as security was not adequate, that
>  is the gates are often left open all day long and such.
>  
>  Should the apartment complex be liable for someone entering the
>  property, more or less broad daylight (between 6 and 8am) with a
>  truck and trailer and stealing his bike, '97 cbr600 BTW?
>  
>  For his part he had a disk lock on the front.


Well, here's a completely subjective opinion, for whatever it's worth:

	 Yes, thieves are scum. But let's see now, if your friend had
diligently obtained insurance for his bike it would have been paid for and the
apartment complex's possible liability would never have been considered. But
since he was remiss in his duty to obtain insurance, now he decides it's the
fault of the apartment complex? Please whack your friend upside the head for me
and tell him to be thankful he didn't hit someone with his uninsured bike and
have to pay for the damage he caused because he didn't have liability
insurance, either. Sorry, but that's the breaks. Pretty much everyone knows
that "security" gates at apartment complexes are useless. Surely someone from
Jersey isn't so naive.
	On the other hand, though, I've never met an apartment management
company that didn't deserve whatever mischief you could deal them, and most of
them have a very poor attitude toward and track record of maintaining decent
safety and security measures, especilly security gates. So why not sue them? It
is possible, after all, that your friend's insurance company (had he had
insurance) might have come to same conclusion and sued them anyway. He did his
part and installed a disc lock on the bike.

Not much help, I know...

	"Jedi Dawg"  Jim Huber
	'00 blue ST  "Rhiannon"
	'01 SV650S  "Cherii"
	Spring, Texas, USA

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