Court rules against a supermarket for failing to protect its parking lot: a new wake-up call

The Santiago Court of Appeals ordered Hipermercados Tottus to pay 6,000,000 Chilean pesos in damages to a customer whose vehicle was stolen from the parking lot of its Quilicura store.

The case, which took place in 2017, involves the theft of a Kia Sportage SUV parked in front of the supermarket’s main entrance. The thieves tore out the rear window to get in and drove off with the vehicle. The SUV was found hours later, abandoned and badly damaged, and the owner’s work tools were lost.

The ruling found that Tottus failed to take minimum security measures to protect its customers, even while they were inside the store shopping. That amounts to non-contractual (tort) liability for failing to meet its duty of care toward those who use the parking lot.