Full question:
my boat trailer was stolen from a marine storage facility. There is a area with signs saying private property, in which the marina store trailers of people who owe them money. I was forbiden entry to see if my trailer may have been placed there my mistake. From the road there was one visable that could be mine. Does the marina have any liablity for the missing trailer that I paid money for them to store.
- Category: Storage
- Date:
- State: Ohio
Answer:
The marina's liability for your stolen trailer depends on various factors, such as the security measures they had in place and whether they exercised ordinary care in storing your trailer. Generally, a party is not liable for the criminal acts of others. However, if the marina failed to take reasonable care in securing the trailers, they may be held liable for the theft.
When a person stores property with another, a legal relationship called 'bailment' is created. There are different types of bailments:
- Bailments for hire: The custodian is paid for storage.
- Constructive bailment: The circumstances create an obligation to protect the goods.
- Gratuitous bailment: No payment is involved, but the custodian still has some responsibility.
In a gratuitous bailment, the bailee is held to a lower standard of care and is only liable for gross negligence. In contrast, if the bailment benefits both parties, the bailee must exercise ordinary care.
To establish a bailment, the bailee must have actual physical control and intent to possess the trailer. If a court finds that liability would be unfair, it may conclude that the marina did not have the necessary control or intent. For instance, a bailment is more likely to be recognized in a garage with an attendant than in a self-park facility.
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.