attempted theft of bike at work

micar

Someone tried to steal my full carbon road bike at work during the week.

The two guys just walked into the carpark and up to the bike rack. They used the bike as a lever trying to snap the lock and completely wreaked the frame beyond repair.

The guards were called and took a statement. The security cameras did not get them doing the damage but a few guys saw what was happening and chased them off.

The bike was got in Jan 2011.

I've asked my company to contact their insurance company to see if it would be covered. There is a sign on the way into the car park saying vehicles are parked at owners risk. There is no such sign in place for the bikes.


One guy did have his bike stolen a few weeks ago but it was retrieved. There have been instances in recent months of guys coming to the car park, up to the bike rack scoping them out.

Is the company liable in any way?

Luckily, I do have the bike insured on my home insurance as a specified item. I do have a fall back.

bazermc

Is a bike not a vehicle?

Eamonnator

Some years ago, a sporting organisation put similar signs on all their car parks, nationwide. they were found to have no standing in law.
I would say, that the same would pertain, in your situation. it is their car/bike park. They have a duty of care.

MugMugs

Worst case scenario, this goes in front of a judge (it won't) What negligent act did your employer do for you to suffer loss of or damage to your bike to make them subsequently liable for the same?

loyatemu

Does your employer own the carpark? If not they may be able to lean on the building/carpark owners, but it depends how much your employer really cares about this and is willing to push it.

If you employer does own the property - do you really want to sue your employer?

micar

MugMugs wrote: »

What negligent act did your employer do for you to suffer loss of or damage to your bike to make them subsequently liable for the same?

Are they not negligent knowing that 1 bike had already been stolen (this actually occurred on a saturday when no staff we there) and they were many instances where guys has been coming into the car park looking at the bike and the company failed to put extra security measures in place?

Surly now they have to put a cage around the bike rack area which is only accessible by staff with a keycard.

MugMugs

micar wrote: »

Are they not negligent knowing that 1 bike had already been stolen (this actually occurred on a saturday when no staff we there) and they were many instances where guys has been coming into the car park looking at the bike and the company failed to put extra security measures in place?

Surly now they have to put a cage around the bike rack area which is only accessible by staff with a keycard.

In the same breath, if you knew that there was a risk to your property as a result of theft, are you not equally responsible?

Ultimately your employer may pass this to their insurer. Their insurer will refuse your claim. Your next option is to issue proceedings against your employer. How would you deal with an employee who tries to sue you?

Your employer isn't responsible for this damage. The thief is.

the world wonders

micar wrote: »

Are they not negligent knowing that 1 bike had already been stolen (this actually occurred on a saturday when no staff we there) and they were many instances where guys has been coming into the car park looking at the bike and the company failed to put extra security measures in place?

Surly now they have to put a cage around the bike rack area which is only accessible by staff with a keycard.

This court case may be relevant

Littlewoods Organisation Ltd bought a cinema in 1976. They intended to demolish it and build a supermarket. After some initial work in June it was unattended. Sometimes children broke in, and on one occasion vandals set fire to some old film, and the cinema itself. On 5 July 1976, vandals started a larger fire and the cinema burnt down, damaging a neighbouring cafe, billiard saloon and church. The neighbours claimed damages.
...
The House of Lords dismissed the appeals, and held that since there was nothing inherently dangerous about an empty cinema, i.e. it was not a source of risk. The only thing that could possibly have prevented a fire would be a 24-hour guard on the premises and that would be an intolerable burden to impose on the owners in this case. Mere foreseeability of damage was not sufficient basis to find liability.
...
The law does not recognise a general duty of care to prevent others from suffering loss or damage caused by the deliberate wrongdoing of third parties. A closer relationship between defendant and the wrongdoer is required to establish such a duty.

This is an English court judgement so does not automatically provide precedent for Irish courts, but I would say your chances of winning a lawsuit are uncertain at best. Keep your bike inside at your desk in future.

Neon_Lights

20 kryptonite locks is probably the only solution ... and a bike gps inbuilt into the frame

Pinch Flat

Not a lawyer but I think the 1995 occupiers liability act pretty much allows car parks to wash their hands for damage or theft of vehicles (including bikes).

Sorry to hear about your bike, a pointless waste.

If I do lock my publicly I use an abus city lock

http://road.cc/content/review/4450-abus-city-chain-x-plus-1060

Expensive but so far not breached. If you manage to get bike insurance and use one of these insurance companies may pay out (no direct experience, only anecdotal)

clog

Eamonnator wrote: »

Some years ago, a sporting organisation put similar signs on all their car parks, nationwide. they were found to have no standing in law.
I would say, that the same would pertain, in your situation. it is their car/bike park. They have a duty of care.

^^^This. The signs have no standing legally in absolving duty of care they do though tend to dissuade claims. I have been aware of quite a few instances where the use of this type of sign has been overruled and a claim settled.

iwillhtfu

I'd say $200 and some patience you'd make something like this. Although space may be an issue but if I were working in an office and cycling to work I'd say it's a must have or else get a crap bike.

Qualitymark

I see increasing numbers of workers cycling Brompton fold-up bikes that they can stash under the desk. Talked to a few and they got them on the never-never on the Bike to Work scheme. Pity there's not a franchise making them in Ireland. Nice bikes.