Is a city's insurance liable?

[JohnDaleswife]

Ok, so my sister in law lives in government housing in our town. She has to pay rent and such each month. The housing that she lives in is extremely nice and new. Very impressive.

Well in the past 6 months the housing manager has stolen jewerly and other valuables from her and other tenants during house inspections when they are at work.
She was caught and is now going ti court.

Is there any chance that her and the other victims may be due any restitution or settlement from the city in which we live? From like the city insurance?

 

[teller80]

I'm guessing no - I would think she would have to sue the person in small claims court.

 

[JohnDaleswife]

Ok, I was just wondering. Not worth really trying to do that though. Its such a sad situation that a person would do such as this though.

 

[vacationer1954]

There might be something your sister-in-law can do if she could prove that the city had proof that employee was committing thefts on the job before your sister-in-law was victimized, and did nothing in response. Beyond that it is really hard. There are laws that hold the employer responsible for the acts of an employee that were in some way prompted by something the employer did or didn't do, but I doubt the city did or didn't do anything that could be claimed to prompt a reasonable person to commit theft. And there are laws that hold the employer responsible for the acts of an employee if the employer can be proven negligent in their hiring practices, but I doubt that that claim can ever be legally lodged and proven against a government.

 

[Judique]

I would think that the city would have had to have the manager licensed and bonded to enter occupied apartments without tenants being present, so you should look into it further.

 

[usnuzuloose]

She could always contact an atty and ask. You think the employer would have ins to cover these kinds of issues.

 

[vacationer1954]

It is the government. They generally don't bother, and in some states the legislature have passed laws prohibiting it (requiring the state to "self-insure"). Combine that with the difficulty in winning civil judgments against the state, and rules that limit the states' liability, and you begin to understand the old phrase, "You can't fight city hall."

 

[RitaE]

If you want to help her, I'd suggest searching out a local Legal Aid organization to take a look at it. Even "Government Housing" is kind of nebulous because that term is loosely applied to a lot of different situations. Many of those types of housing units are supported by government funds, but it's either a landlord who accepts government vouchers or sometimes a Contractor who is hired to manage the property who is the real employer. It's worth asking a few questions.

 

[Jen and Ashwin]

This isn't my area of law, but it could depend on whether the housing manager was an employee of the city or not. The legal doctrine is called respondeat superior. Essentially the doctrine of respondeat superior will hold an employer vicariously liable for torts committed by an employee acting within the scope of the individual’s employment. The employer may be liable when the employee acts negligently or intentionally, so long as the tortious conduct is generally foreseeable and a natural incident of the individual’s employment. So a court may or may not determine that the theft is a "generally foreseeable and a natural incident of the individual’s employment." It really will depend on your state's laws and court precedence.

And even if this principle doesn't apply, other causes of action might apply such as negligent hiring, supervision or other types of negligence. But to prove that, there would have to be some kind of evidence that the manager had a record of stealing things or other related crimes that would make him unfit for the position.

Best thing is to contact a local legal aid organization.

 

[SMD]

She should look into renter's insurance.

 

[a742246]

Did the police recover any stolen property?

 

[supersnoop]

And, to be clear, "insurance" is never liable. The city might be liable, and they might rely on their insurance to fulfill their liability obligation.

 

[tvguy]

And, to be clear, "insurance" is never liable. The city might be liable, and they might rely on their insurance to fulfill their liability obligation.

But as pointed out, Cities don't have insurance ( like a lot of big corporations). They just pay any claims out of their budget. You have to file a claim, then they can either accept it or reject it. If it is rejected , your only option is to sue.

 

[OrangeBirdGirl]

If the housing manager is a City employee I would call the City's Risk Manager and file a claim. If the City contracted with a firm to be the housing manager they would have likely requested insurance by that company as well a surety bond in the event of employee theft.

 

[Gracie09]

Also check the lease and other paperwork she signed.

 

[potterfanatic]

She should look into renter's insurance.

I second this. Many apartment complexes require that you hold a certain amount of renters insurance in order to live there.