Q: We are members of a high-end market that promotes itself as having superior quality, and it sure charges those prices. We went there the other evening, and I put my e-bike in the nearby bike rack. The lock does not attach to the rack, but locks up the e-bike so it cannot be pedaled. We shopped at the store about 20 to 25 minutes, came out and the e-bike was gone. Turns out a “drifter” stole it, literally carried it into a shopping cart and took off. There is a video. We learned there was another bike theft there a few weeks ago. We talked to staff, made a police report and learned the market has a security guard, but have now received a letter from them rejecting any responsibility. The market’s position is that I did not attach the e-bike to the rack, crime is independent of the store and it doesn’t control the parking lot. Is this just a loss?
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— J.M, Manhattan Beach
A: Well, so much for customer relations. You say it is a “high-end” place; I might give it a decidedly different description.
A party that has control over premises, or maintains property open to the public, has a basic duty in California to keep the premises safe. A danger or risk, which is known or which should be known to that party, can result in liability if the danger causes harm or loss to a patron. California also has comparative fault, so if you should have fastened the bike to the bike rack as opposed to “just” securing the wheels, you still have a claim for their part of the accountability.
It would seem this store had notice theft could occur. And it has a security guard there. Why? It has a security camera, or someone does, but no one saw anything while it was happening? Was there any warning posted at the bike rack or instructions to make sure to attach a lock to the rack? In addition, if this store does not control or maintain the premises where the bike rack is located, can’t it reach out to the party that does? Has the market at least told you who that other party is? No one has any idea where the bike wound up?
A public records act request could be useful. Manhattan Beach has an online link where you can make that request. Go to shorturl.at/hu1E2. Seek out records of any criminal activities or reports of harm or loss at that address or in that vicinity. Perhaps post online to notify others, and inquire if they are aware of any thefts or similar incidents there.
Assuming you do not have insurance for the e-bike, a number of other options come to mind: Make demand on the party who does control or maintain the parking lot; consider filing in small claims court; and/or make a complaint to the Better Business Bureau. In the interim, I would suggest trying another market. To shut you down, offer nothing but a stiff arm, is unfortunate and, in my view, notably discourteous. So talking it out with a lawyer, who might lend a little free time, also could be instructive.
Q: I slipped at the market, fell and got hurt. The market acknowledged the floor had some gunk on it, and said workers were in the process of coming to clean it up. The market so far is not willing to accept responsibility, saying it had only learned of the gunk a few minutes before I fell, and was responding to it very promptly. Can the market avoid any liability?
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— M.G., San Pedro
A: Markets often have what are called “sweeps”: someone who goes throughout the store to check the aisles. It may be more than one person, but they do sweeps on a regular basis, in part to show they are careful about making sure the premises are safe and “all is well,” but also to create a record in case something does happen and a customer claims harm.
Some questions: Do you know how long the gunk had been there? Are there any witnesses? Was it visible, or was it the sort of slick that you would not readily see?
Further questions: If someone was coming to deal with it, do you know who? Has the market identified the person? If the market was going to put up some kind of warning notice, have you seen evidence of that? Did anyone see someone coming to do the clean-up and/or post a warning? Perhaps there is videotape. Hopefully, you have already asked for any videotape. If not, please promptly ask them in writing to preserve any videotape.
A few more questions: Do you know how the gunk got there? If it is leaking from a bin, that makes the market’s defense tougher. If someone happened to drop something there, and so it is not something over which the market itself had initial control, your claim may be more challenging.
Liability will arise if the market knew or should have known of the danger and did not remedy it, or did not remedy it in what would be considered a reasonable/safe period of time. The questions set forth above are among those you want to try to get answered. Consultation with qualified counsel is suggested, particularly if you are being treated for your injuries.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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