Warning signs stating that a business is not responsible for theft do not automatically eliminate the establishment’s potential liability under Brazilian consumer law. The issue depends on the characteristics of the parking area and the circumstances of each case.
A recent case involved the theft of a student’s motorcycle at a gym in Lauzane Paulista, in the northern part of São Paulo. Security-camera footage recorded the incident, but the franchise argued that the loss resulted exclusively from the actions of a third party and sought to place responsibility on the consumer.
The gym’s defense also claimed that the motorcycle had been left in an unauthorized, restricted area without a security lock. It cited a sign informing customers that the location had no insurance and accepted no responsibility for such incidents. The judge in charge of the case rejected those arguments and ordered the gym to compensate the student.
Brazil’s Consumer Defense Code establishes that service providers are responsible for failures in the services they offer. In addition, Superior Court of Justice Precedent 130 states that a business is liable to customers for compensation involving damage to or theft of vehicles in its parking Lot.
The law also invalidates abusive contractual provisions that exclude or improperly reduce a supplier’s liability. This does not mean every establishment is responsible for any theft occurring nearby: courts assess factors such as the type of parking area, whether it is offered to customers and the circumstances of the incident.
Brazilian law distinguishes simple theft, involving the removal of property without violence, from armed robbery involving serious threats. In open, free parking areas operated by smaller businesses, the Superior Court of Justice has already treated armed robbery as an unforeseeable external event that may exclude commercial liability. However, when an establishment offers parking as part of customer convenience, a duty of supervision may remain.
People who have property stolen at a commercial establishment should file a police report immediately and make a written request for the preservation of security-camera footage. They should also keep documents proving their presence at the location, such as receipts or check-in records. If the business refuses to provide the recordings, it is possible to seek a court order for the early production of evidence, including through Brazil’s Special Civil Courts.
Sources: Canaltech.