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Trailer stolen from secured private property, property owner liability?

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Mr. T

Junior Member
What is the name of your state? TEXAS

I own(ed) an automobile trailer and was storing it within the confines of a closed facility owned and managed by my employer. There was an agreement in place that allowed me to store the trailer on the site in exchange for a monthly fee. Recently, the trailer was stolen and none of the security personnel seem to know anything about it. I carried no insurance on the trailer (I know, I know...) so I'm out there, but several people have indicated that I should file a claim with the insurance carrier covering the facility from which the trailer was stolen. Do I have any basis to do so?

Thanks in advance!
 


HappyHusband

Senior Member
What is the name of your state? TEXAS

I own(ed) an automobile trailer and was storing it within the confines of a closed facility owned and managed by my employer. There was an agreement in place that allowed me to store the trailer on the site in exchange for a monthly fee. Recently, the trailer was stolen and none of the security personnel seem to know anything about it. I carried no insurance on the trailer (I know, I know...) so I'm out there, but several people have indicated that I should file a claim with the insurance carrier covering the facility from which the trailer was stolen. Do I have any basis to do so?

Thanks in advance!
Start with a police report.
 

moburkes

Senior Member
Already done. I guess the next step is obtaining the insurance company info from the management of the facility and approaching them to file a claim? What's the worst that can happen, them denying it?
Yes. But the problem is that (theft of ) personal property is probably not covered by their insurance company.
 

JETX

Senior Member
Do I have any basis to do so?
Of course you do.... however, you have several other potential problems that arise from your employee standing.

First, any action you take may result in a change in your employment (if you know what I mean!! :D ).
Second, you MIGHT have a case against them (based solely on your post) for breach of their obligation to protect your property (based on the issue of a bailment for hire obligation), but that would depend on SEVERAL things. Some are:
How do you feel the property owner (employer) was NEGLIGENT in the care of your property??
How EXACTLY did the theft occur??
Your post says "one of the security personnel seem to know anything about it". What SECURITY personnel?? Was security of your property promised or implied in your agreement??
The simple answer is... If the employer provided REASONABLE protections and the theft still occurred, it would be unlikely that you would prevail in any litigation.

And of course, even a hint of possible litigation will likely affect your job standing.
So, you have to consider whether this trailer is worth losing your job over (since you provide NO information on whether this is a $200 utility trailer or a $25000 travel trailer!!).

Also, Moburkes may be correct.... it is possible that your employers insurance may not cover property under 'bailment for hire'.
 

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