Who is responsible for the security of your car when parking it?

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Do you know who is responsible for the security of your car when you park it on the street, a hotel, a grocery store, or a mall? Well, you, of course! That’s not the legal truth, but the reason for this article. When moving to Costa Rica, there is a good reason to learn more about the local culture and behavior.

And when parking it on a paid parking lot? Well…

Last week, my clients were staying at the Best Western Irazú Hotel, and while waiting for them, I parked my car in the hotel’s parking lot.

My eye fell on this sign posted on the fence that said, in Spanish and English, “user assumes all risk.” The sign was so small that it wasn’t even very readable at a distance. It is customary for most grocery stores, malls, hotels, and many other public places that offer parking for their clients to post signs like this. Not only is driving in Costa Rica different (more about this next time), but parking is also different.

A Warning!

When you visit Costa Rica as a tourist or move to Costa Rica, don’t leave your luggage in your car at the hotel, restaurant, or store parking lot. If your vehicle is parked in the parking lot of a grocery store, a restaurant, a bank, or a hotel while your luggage gets stolen, you’re usually on your own. This is a warning that the security of your car is your responsibility!

What do to when robbed

You might decide you are not moving here after your luggage gets stolen. It’s a bummer if your passport and computer are among the stolen property. But if it happens, what’s next?

Go to the police—O.I.J. in the closest, larger city or town where you were robbed. File a complaint with all the details so you can hold the hotel or business where it happened responsible for the theft.

Civil Responsibility

A first Court decision was made on September 19, 2007 (EXP: 05-000143-0164-CI, RES: 000655-F-2007). Membership Supermarket PriceSmart was sentenced to ¢1,260,000 and was civilly responsible for the security of your cars in their parking lot while their clients were shopping. The suing party’s car was stolen from the parking lot. This court decision decided that Pricemart had objective extra-contractual responsibility.

If you park at a restaurant, shop, office, mall, university, convenience store, or grocery store with a parking space for customers, the business where you shop is responsible for the vehicle. However small their local, note that they must answer for all damage or theft caused to vehicles parked there. According to this judgment, the customer will no longer be considered a customer. He/she now is a consumer. That means that the sole intention of that person to enter the parking site makes it possible to claim for the damage that occurs to your car on-site. Only exceptional cases, such as accidents caused by earthquakes or events of that nature, are not their responsibility.

Warning Signs

You will find these signs of “user assumes all risk” everywhere, even if they have a guard in the parking lot. That doesn’t mean you might have to fight to receive what you deserve. However, commerce in Costa Rica is not always as responsible and client-hungry as it is in many other countries worldwide.

Free Parking

Quite a few businesses warn their clients correctly. For example, a sign I found at Terramall in Curridabat states, “Parking is a free service.” Below that, “Don’t leave any valuables in your vehicle; collaborate with the security.” Of course, that doesn’t always mean they will take responsibility.

There are exceptions. Some businesspeople understand the need to be responsible for their client’s well-being so they may return in the future.

Paid Parking

When parking your vehicle and paying for it, it is protected by the law  “Ley Reguladora de los Estacionamientos Públicos.”

My message today is that you should never leave anything of value in your vehicle to keep your belongings safe. No matter where you park your car or how secure the parking seems, take care of the security of your car yourself.