Motorcycles, ATVs and gear stolen

[MotorcycleMan]

What is the name of your state? California

I took the family on vacation to Pismo Dunes, when preparing to leave a friend realized his transmission was not able to tow his trailer home...so we agreed to tow each other's trailer home...

We made it home, only to realize that my friend had broken down and stayed at a hotel with my things, which included several motorcycles, ATVs, gear and lugage...during the night the trailer was stolen...

The hotel has signs that state that they are not responsible for vehicles or there contents...there was security present who said that they would watch the trailer, but apparenty failed to do so.

My friend detached my trailer from his vehicle as per the hotels requirements. he made no effort to lock the trailer or block the trailer in so that it could not be stolen...he also didn't call me to let me know what was going on....if he had, I could have driven back to get my things

I feel that he is responsible for my loss...he says he talked to a lawyer and that he is NOT...but I don't think he is giving the whole story

My homeowners policy paid for a portion of my loss and I am demanding the rest from him...

I think I have a strong case.....what do you think?

If I go to small claims....what is the limit of what I can ask for?

Are there any other options I should consider?

 

[JETX]

I think I have a strong case.....what do you think?

Based solely on the contents of your post, I think you have a WEAK case... if one at all.

If I go to small claims....what is the limit of what I can ask for?

You can ask for the VALUE of the lost items at the time of the loss (not new) up to the limit of the court, which is $7500 in California.

Are there any other options I should consider?

Yep. Google 'gratuitous bailment'.

 

[MotorcycleMan]

Based solely on the contents of your post, I think you have a WEAK case... if one at all.




You can ask for the VALUE of the lost items at the time of the loss (not new) up to the limit of the court, which is $7500 in California.


Yep. Google 'gratuitous bailment'.

Why do you think that I have a WEAK case? I would think that if a person has been entrusted with your things and is negligent in there care, that they are leaglly responsible for there loss?

I am asking for $6800...so I am good there

And how is "Gratuitous Bailment" an option?...are you saying that this is the only possible angle to approach this from?

 

[JETX]

Why do you think that I have a WEAK case? I would think that if a person has been entrusted with your things and is negligent in there care, that they are leaglly responsible for there loss?

Please explain EXACTLY how they were negligent in the 'care'. Though you can certainly try to argue that his failure in making "no effort to lock the trailer or block the trailer in" is negligence, the ONLY standard here is what would the 'common person' do. He has no higher standard to meet.

And how is "Gratuitous Bailment" an option?...are you saying that this is the only possible angle to approach this from?

Nope. I am saying that is one way that an experienced attorney would argue against your claim. I would also argue that your loss is contributed by YOUR failure to provide adequate insurance on the loss. And also that YOU failed in not properly making sure that YOUR equipment was safe. And numerous other arguments that would pretty much make your WEAK case... (presumably) even weaker.

"A bailment may be gratuitous rather than for hire (“mutual-benefit” in the words of Cournoyer and Marshall, supra). A gratuitous bailment is generally defined as one for which the bailee receives no consideration beyond the mere possession of the bailed property. (See Civil Code Section 1844.) The gratuitous bailee is only obliged to exercise a slight degree of care and hence will only be liable for loss of the bailed property occasioned by his gross negligence. (See Civil Code Section 1846.)""

 

[MotorcycleMan]

Please explain EXACTLY how they were negligent in the 'care'. ""

Although they did contact the hotels security....they ignored the posted signs

I feel they are negligent in failing to contact me to let me know the conditions in which the trailer and contents were in....

Had I known, I would have gone back to get the trailer or at the very least asked them to lock it....but there was no communication

A phone call would have been the slightest degree of care, I would think

Do you think the hotel is liable since they stated they would watch the trailer, even though their posted signs clearly state otherwise?

What would you suggest I do?