(a) Any trespass towing company, and any private property owner who authorizes, expressly or under a standing authorization, the towing of a vehicle from private property, are liable for violation of any duty imposed on the company or owner by this Chapter with regard to:
(1) any towing of a vehicle that does not comply with this Chapter;
(2) any towing of a vehicle in the mistaken belief that the vehicle was not authorized to park in the place from which it was towed; and
(3) any damages to a towed vehicle incurred during the tow or storage and caused by a lack of reasonable care by the towing company, the property owner or an agent of either.
(b) A property owner is not liable for the towing of a vehicle if the property owner did not expressly authorize the towing, and does not otherwise have a business relationship with the towing company.
(c) Except as provided in subsection (b), a property owner and a towing company are jointly and severally liable for the violation of any duty imposed by this Chapter on the towing company, with a right of contribution or indemnification.
(d) A vehicle owner must mitigate any damages recoverable under this Chapter.
(e) Damages payable under subsections (a)(1) and (a)(2) are three times the amount of any towing, release or storage fees charged. (1988 L.M.C., ch. 29, § 2; 1997 L.M.C., ch. 21, §1; , § 1.)
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