Towing Company Liability

What is the name of your state? Mississippi

A little over a month ago I ran out of gas, pulled over to the side of the road, put out safety cones, turned on strobe lights and left my flashers on.IT was 7 p.m. Started the 6 mile walk home intending to come right back to my truck in my wife's car, put gas in and be on my way. Long story short wife's battery was dead, wound up riding bike back to truck at midnight, and truck was gone. Called SO, they said they had it towed...obstructing traffic. Not disputing them having it towed. Called towing company the next day, they tell me the fees I owe. I cannot afford it..as I just lost my job, I have a wife and 2 kids..the truck is up for repo so I call the lender and tell them where it is. I just need to get my tools off the truck as they are how I make my living, and I was supposed to start a new job a few days from that day. (I have close to $3000.00 worth of equipment on the truck, and this is no "treasure hunt case" I am an electrical/CATV lineman..the meters, drills and misc. are expensive and I work for myself). The lender said we will get back with you in a few days. I call tow company again-no money-you don't get your tools. I had the undersherriff call on my behalf, no dice. The lender finally recovered the truck through another towing company almost a month later, say I can go get my stuff. Everything I worked for and with was gone..gone. 28' Exten. ladder, 2 cordless drills..RSVP meters...TR2 meters..Toners....etc...GONE! And they refused to give me the ladder rack, which was NOT bolted down..it was held in place with heavy gauge wire. So I get home and call the original towing company.the manager says "oh yeah I knew it was burgularized there is a hole in the fence beside where it was parked, came in one morning and both of your step ladders were on the ground and the doors were open" I asked "did you call the police"? and he said "WHY"? Then he lodged this at me "well, I think you are the one that did it, after all you called up here everyday we had it..and even threatened to come take your stuff"..I most certainly did not call up there everyday. "So you might just want to go get a lawyer because there is nothing you can do" and then "go ahead and try to sue me, everyone else has lost and you will too"...I really try to be a good person, and I always try to do the right thing..I really don't need anyone asking me "so why didn't you just go pay the money in the first place"? Like this hero at the towing company did. I am a veteran, a hard worker and I have had some stupid luck with my former company closing down and jobs are hard to find. Please if anyone can really help me by giving me some good advice on what to do I would be forever indebted. Thank you for listening.

So he fully admits to knowing that this happened? He didn't file a police report? And he stated that he is pretty much beyond the law and "everyone" else has lost against him in court?
Hire a lawyer..I believe you have a case, if not a class action.

I believe this is the applicable sectiopn of Mississippi law:

§ 75-7-204. Duty of care; contractual limitation of warehouse's liability; relationship of section to Chapters 43 and 44 of Title 75.

(a) A warehouse is liable for damages for loss of or injury to the goods caused by its [QUOTE]failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances

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. However, unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.

(b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. The warehouse's liability, on request of the bailor in a record at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt, may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.

(d) This section does not impair or repeal Title 75, Chapter 43, or Title 75, Chapter 44.

Sources: Codes, 1942, § 41A:7-204; Laws, 1966, ch. 316, § 7-204; Laws, 2006, ch. 527, § 9; Laws, 2007, ch. 355, § 9; Laws, 2007, ch. 381, § 9, eff from and after passage (approved Mar. 15, 2007.)[/QUOTE]

So, I believe the question is; did the storage facility exercise reasonable care given the situation. I suggest he did not and as such, is liable for your losses. He was aware of the hole in the fence and apparently this has happened before so he was aware of the problem and failed to exercise reasonable care to prevent further loss due to the hole in the fence.

So, what is the limit for small claims court in you rneck of the woods?

Thank you for putting that here, I really did not know which section of law this was in. Had no idea it was warehousing, very helpful in determining that I do have a case and I am not going to let this guy think he can intimidate one more honest person.

kind of an ass backward way of finding it. had to google bailment and then do a bunch of looking. I can;t point to what told me the warehousing statute is the correct one but it did relate storing cars (such as in your situation) to this specific statute.