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Vehicle stolen from storage unit

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Tacitus

Junior Member
What is the name of your state (only U.S. law)? California

A member of my family (let's call her Sally) has a contractual agreement with a storage unit provider (lets call it ABC Storage). Sally signed a contract with ABC Storage and declared that the value of the trailer that was to be stored there is $15,000. This contract says in a few places that ABC Storage is not liable, that whatever is stored there is not their responsibility to protect from theft, fire, damage, etc., and then in another area says they will only be liable (if they are found to be) for at most $5,000.

Sally's trailer was stolen from the storage unit location by a 3rd party (group of thieves). Some of those individuals were arrested. Sally's trailer was recovered in another location, completely stripped, and salvaged now. The problem is, she got a great deal when buying it and didn't realize that the KBB value was nearer to $20,000. She had it insured for only $11,000 because that is what she thought it to be worth and told ABC Storage it was worth $15,000.

She will probably get the $11,000 from the insurance company but be out the rest.

Now I am wondering, despite the wording of the contract, how might one go about proving liability on behalf of the storage company as far as a lawsuit goes. Is there a case there?

I have written a few Notice and Demand type letters in the past with great success but never went to court to remedy a dispute. Am I, as a 3rd party to this contract between ABC Storage and Sally, allowed to file a lawsuit and/or represent Sally in small claims?

Thanks
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? California

A member of my family (let's call her Sally) has a contractual agreement with a storage unit provider (lets call it ABC Storage). Sally signed a contract with ABC Storage and declared that the value of the trailer that was to be stored there is $15,000. This contract says in a few places that ABC Storage is not liable, that whatever is stored there is not their responsibility to protect from theft, fire, damage, etc., and then in another area says they will only be liable (if they are found to be) for at most $5,000.

Sally's trailer was stolen from the storage unit location by a 3rd party (group of thieves). Some of those individuals were arrested. Sally's trailer was recovered in another location, completely stripped, and salvaged now. The problem is, she got a great deal when buying it and didn't realize that the KBB value was nearer to $20,000. She had it insured for only $11,000 because that is what she thought it to be worth and told ABC Storage it was worth $15,000.

She will probably get the $11,000 from the insurance company but be out the rest.

Now I am wondering, despite the wording of the contract, how might one go about proving liability on behalf of the storage company as far as a lawsuit goes. Is there a case there?

I have written a few Notice and Demand type letters in the past with great success but never went to court to remedy a dispute. Am I, as a 3rd party to this contract between ABC Storage and Sally, allowed to file a lawsuit and/or represent Sally in small claims?

Thanks
So, you're admitting to UPL? Unless you are an attorney, you can't represent anyone in a courtroom except yourself. :cool:
 

OHRoadwarrior

Senior Member
You sound very close to being charged for practicing law without a license. They will likely ignore your demand letter. Did they open the gate and say "Hey take this trailer full of Sally's stuff". If not, she has a long road to prove liability.
 

racer72

Senior Member
It's Sally's fault the trailer was underinsured, not the storage company. Unless you are an attorney, you cannot represent Sally in court. That point is moot, Sally does not have a case against the storage facility, if she did it's with the thieves.
 

justalayman

Senior Member
this sounds a lot like homework



in case it isn't, OP can research the laws on bailment for hire and the duties applied to the bailee. It is pretty easy to find an answer with very little research.
 

Eekamouse

Senior Member
Good luck getting the storage facility to pay anything to your friend for the theft. Unless they did something that actively contributed to the theft such as allowing the thieves access which is entirely unlikely, they hold no responsibility for this. Your friend is SOL.
 

Tacitus

Junior Member
In the OP I said that I had successfully written Notice and Demand letters before but did not say I had used them for this instance. I suspected I couldn't represent her but wanted to make sure. I doubt she will pursue the thieves because of having to do credit checks to figure out if its worth it, etc. Them being thieves I doubt they have assets.

I guess that settles it. Just strange that someone can slip and fall or drink hot coffee and sue McDonalds but one couldn't sue ABC Storage for some kind of negligence, maybe false advertising, etc. I mean, they claim to offer secure storage and then disavow any responsibility in the contract.

Since I doubt she would hire an attorney I guess this case is closed. Feel free to answer though for educational purposes.
 

CSO286

Senior Member
In the OP I said that I had successfully written Notice and Demand letters before but did not say I had used them for this instance. I suspected I couldn't represent her but wanted to make sure. I doubt she will pursue the thieves because of having to do credit checks to figure out if its worth it, etc. Them being thieves I doubt they have assets.

I guess that settles it. Just strange that someone can slip and fall or drink hot coffee and sue McDonalds but one couldn't sue ABC Storage for some kind of negligence, maybe false advertising, etc. I mean, they claim to offer secure storage and then disavow any responsibility in the contract.

Since I doubt she would hire an attorney I guess this case is closed. Feel free to answer though for educational purposes.
http://www.lectlaw.com/files/cur78.htm

http://www.caoc.org/index.cfm?pg=facts
Know hte facts before you reference what was actually a very serious injury and tort.
 
Last edited:

justalayman

Senior Member
There is something in the hot coffee matter and in a plaintiff's winning slip and fall claim that is not in yours. If you had done the least bit of research on what I told you to, you would know exactly what that something is.
 

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