- A Texas woman is seeking at least $250,000 in damages.
- The Aston Martin was allegedly left running before it was stolen.
- The lawsuit raises questions about who bears responsibility.
When someone steals your car, the villain in the story seems pretty obvious. Yet a Texas lawsuit stemming from the theft of an Aston Martin is raising a more complicated question. Who bears the blame after a series of questionable choices creates the situation in the first place? Each detail seems to complicate the next in this unfortunate blame game.
According to a report from KTRK, the incident occurred after midnight at the Soneto on Western apartments in the Katy area near Houston. The owner, a Navy veteran identified by her last name, Shares, says she normally parks in the fire lane, which is where she left her Aston Martin DB9, a car she bought herself for her 21st birthday and had barely driven since. “It had under 30,000 miles, in pristine condition,” she says.
She admits she left it running while she took her six-year-old daughter into the complex. When she came out, the car was already driving away.
More: The $11M Koenigsegg ‘Stolen’ By Mercenaries Was Never Stolen, And Now It’s For Sale
Rather than call the police, she gave chase and caught up as the thief waited for the apartment gate to open. As it did, she jumped through the driver’s window and began fighting the person behind the wheel. Moments later, they hit a curb, stopped the car, and ran off into the night. Authorities were unable to identify the suspect after reportedly finding no usable fingerprints or DNA evidence.
The Lawsuit
Now Shares is suing the apartment complex and management company, Embrey Management Services, for at least $250,000. “They should have foreseen the criminals could come into the complex given the large pattern of criminal activity and the fact that their gate wasn’t working for residents,” said her attorney, Spencer Welch. Residents had been warned about rising crime in the area, and the suit alleges a gate was left open for an extended period before the theft.
Of course, by this point, the entire case is sticky. Embrey argues that she assumed the risk by failing to act reasonably, calling the police, and instead confronting the thief herself. Clearly, the owner admits to not just parking illegally but also to leaving the supercar running and to engaging in the physical confrontation that followed.
Adding another wrinkle, attorney Geoff Berg, who is not involved in the case, told KTRK that Texas landlords generally have no obligation to secure common areas such as parking lots. While a property owner may have certain responsibilities if gates or security systems are in place, that doesn’t necessarily mean they become liable for every crime that occurs on the premises.
Ultimately, a court will decide whether the apartment complex shares any responsibility, but we get the feeling the owner won’t be leaving their car running unattended after midnight anytime again soon. Hopefully.
