Shopping Centres and Supermarkets Liable For Stolen Vehicles
Following a complaint made almost three years ago after his vehicle was stolen in the parking lot of the Hipermás in San Sebastián, the Sala Primera (First Circuit Court) gave the complaint reason and set a precedent whereby supermarket and shopping centres, among other commercial centres, are liable to pay for the theft of a vehicle from their parking lot.

The court justices, in their decision, said that the free parking offered by supermarkets is part of the attraction of the consumer choosing where to centre.

"When a retailer provides parking, it is offering the public the possibility that, without having to make a purchase, can leave their vehicle in their lot.. That is to say, they are obligated to safeguard and replace the vehicle, as part of their legal responsibility", said the decision.

The decision is subject to appeal. However, if the decision is not overturned by an appeal, shopping centres and supermarkets, will be responsible for the vehicle left on their property while the customer is inside shopping, regardless if a purchase is made or not.

Owners who lose their vehicles or contents therein while left in the parking lot will be able to make a claim for their loss and the posted signs telling customers that the commercial centre is not responsible for any theft or damage of the vehicle is not valid.

What the decision means for owners of shopping centres is that they will be required to beef up the security of their parking lots to better deter theft or pay up.

Representatives of WalMart Costa Rica, owners of the Hipermás chain of stores and the Mas x Menos, Pali, and Maxibodegas supermarkets, say they will respect the court decision and will continue to offer their customers security and quality service.

The court decision came after a man identified by his last name Streber, along with his wife and daughter, visited the San Sebastián Hipermás on December 21, 2994, and while shopping, found the surprise of having had their vehicle stolen when they went to leave.

Streber said in his complaint that neither the manager of the store, nor the security company, offered any positive response to the situation, which prompted the court action.