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Negligence
Can I claim damages for stolen property from a storage facility?

Can I claim damages for stolen property from a storage facility?

Full question:

My storage area was burglarized before or during a move to a second storage area. Before and after photos are available. The storage area claims I signed a waiver. Yet Nevada law requires insurance to be available and in at least 10 point print. Over $10,000 in documents and other materials appear to have been stolen including letters to the FBI and SEC relating to the largest broker fraud in 30 years,valuable motion picture scripts and financing letters!

Category: Negligence
Date: 04/07/2025
State: District of Columbia

Answer:

When someone stores property with another party, a legal relationship known as bailment is created. In a gratuitous bailment, where the bailee (the party holding the property) is not compensated, they must still exercise reasonable care to protect the property. There are different types of bailments:

Bailments for hire: The bailee is paid for their services.
Constructive bailment: The circumstances create an obligation to protect the goods.
Gratuitous bailment: No payment is involved, but the bailee is still responsible for the property.

A gratuitous bailee is held to a lower standard of care, meaning they are only liable for gross negligence. If the bailment benefits both parties, the bailee owes ordinary care. If the bailment exclusively benefits the bailee, they must exercise extraordinary care. To establish a bailment, the bailee must have actual physical control of the property and the intent to possess it. Courts may interpret these elements based on the parties' expectations.

If you believe the storage facility was negligent in protecting your property, you might have grounds for a civil claim for damages. This claim could seek compensation for the repair or replacement of your stolen items at their fair market value. Remember, such claims are not intended to punish the wrongdoer but to compensate for your loss.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do if someone robs your storage unit?

If your storage unit is robbed, first report the theft to local law enforcement. Provide them with any evidence, such as photos of the unit and a list of stolen items. Next, notify the storage facility about the incident, as they may have specific procedures to follow. Review your rental agreement and any insurance policies you have, as they may cover some losses. Document everything, including communications with the police and the storage facility, for potential claims.

Can I sue my storage company for theft?

Yes, you can sue your storage company for theft if you believe they were negligent in protecting your property. You must show that they failed to exercise reasonable care, which led to the loss of your belongings. Gather evidence, such as your rental agreement, photos, and any correspondence with the facility. Consider consulting with an attorney to evaluate the strength of your case and understand your legal options.

Are storage companies responsible for theft?

Storage companies may be responsible for theft if they failed to provide reasonable security measures to protect your belongings. The level of responsibility often depends on the type of bailment and the specific circumstances of the case. If you feel the facility was negligent, you may have grounds for a claim. Always review your rental agreement and any waivers you signed, as they may affect liability.

Does homeowners insurance cover storage units?

Homeowners insurance often extends to personal property stored in a storage unit, but coverage limits and conditions may apply. It's essential to check your policy for specifics regarding off-premises coverage. If your items are stolen or damaged, you may need to file a claim with your insurance provider. If you have questions, consult with your insurance agent to understand your coverage.

What to do if storage unit is robbed?

If your storage unit is robbed, immediately contact local law enforcement to file a police report. Document the incident with photos and a list of stolen items. Notify the storage facility about the theft, as they may have security footage or protocols in place. Review your rental agreement and any insurance coverage you have for potential claims. Keep records of all communications for future reference.

How common are storage unit break-ins?

Storage unit break-ins are relatively common, with reports indicating that thefts occur frequently across the country. Factors such as location, security measures, and the overall crime rate in the area can influence the likelihood of a break-in. To reduce the risk, choose a facility with robust security features, such as surveillance cameras and gated access. Always ensure your belongings are insured for added protection.