Coquitlam Centre customer who had items stolen from unlocked car loses court case against shopping mall

Unlocked doors recently led to an open-and-shut case.

Niloufar Heydary sued the Morguard Corporation for $2,000 after a thief swiped several purchases she’d left in her unlocked car in the Coquitlam Centre Mall parking lot, according to a recent Civil Resolution Tribunal case.

Heydary argued the mall owners were negligent in failing to have proper security camera coverage, which prevented police from identifying the thief.

Tribunal member Deanna Rivers disagreed.

The key issue in the case was if the Morguard Corporation – which owns the mall – was “negligent by having inadequate security cameras in the parking lot,” Rivers noted.

As this was a civil claim, Heydary had to prove on a balance of probabilities Morguard owed its customer a duty of car and subsequently breached that duty.

In its defense, the company contended that, while there are security cameras in the lot, Heydary parked in a blind spot. There are also signs in the parking lot which state that drivers park at their own risk.

The company also has security guards patrol the area. Those steps amount to “deterrents,” according to Rivers.

“I find that leaving her car unlocked was the primary reason her items were stolen, not the lack of security cameras in the parking lot,” Rivers decided.

Heydary was able to see the signs in the parking lot and assumed the risk of leaving her car in the parking lot.

There is no evidence the Coquitlam Centre Mall owners were negligent or that their failure to provide better security cameras was responsible for thefts from an unlocked car, Rivers concluded.

Heydary’s claim was dismissed.