Bike stolen on public college campus- liability??

[konradp]

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

New York


Hi there,

New to forum, I don't know if this is the right category! Yesterday, I had my fairly expensive bike stolen on the property of the community college where I am taking summer classes. To give some background, the bike was chained to a lamp post that was maybe 15 feet away from the building entrance. It was stolen while I was in class, some time between 8am and 10am.

I went to the security office to file a report, but they said that they do not have cameras set up at that spot, and that they would be unable to do anything for me.


However, I vaguely recollect from my Business Law class that the owner of a property is liable for the damages to invitees on the property. Can somebody with some knowledge about law tell me what the law looks like, in this instance regarding theft? If you could cite a statute/U.S.C. or whatever applies, that would be extremely helpful.

Thank you!!!

 

[FlyingRon]

You weren't paying attention to your instructor. You chaining a bike to a lamp post, even if it private property certainly does not create a bailment or other obligation on the land owner's part.

 

[Mass_Shyster]

A landowner has a duty to an invitee to inspect and make safe his property in order to prevent injury to the invitee. Generally, the landowner has no duty to protect an invitee against the intervening illegal acts of a third party.

The only way the landowner can be held liable (and I don't know if this is true in NY) is if the landowner knows that there have been repeated bicycle thefts from that location and does nothing to warn the invitee.

Then you have the issue of sovereign immunity by the community college. That comes from Old English Law where the king could do no wrong and therefore cannot be sued. You can only sue the state if the state lets you sue.

Sorry about your bike.

 

[justalayman]

what grade did you get in your business law class?