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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Payment for Damages Caused by Mall Security

    A driver in Maryland was in a shopping mall parking lot, when her car was hit by a mall security guard. The mall says that he works for a subcontractor, and doesn't want to take any responsibility for the damage. Who should pay for the repairs?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Payment for Damages Caused by Mall Security

    If the security guard was at-fault, liability starts with him. His employer is likely jointly and severally liable for the damage under principles of vicarious liability. The car owner should try to get compensation from them.

    If the guard or the guard's employer aren't willing to pay for damages, it may be possible to make a claim against the mall, but that is more complicated if this is a bona fide independent contractor relationship.

    If there is trouble getting payment, the driver can consider making a claim under the driver's own insurance, and letting the insurance company worry about how to get the money back from the responsible parties. Depending upon the cost of repairs, the driver can also consider suing the driver and security contractor (or all three parties - driver, contractor and mall) in small claims court and letting the court figure out who should pay.

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