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Personal Property liability


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#1 Sojoanna85

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Posted 21 February 2013 - 03:03 PM

Hi,

My husband left for deployment last year for 6 months. Prior to his deployment we rented a storage unit to store our home items because I returned home to be with family to help care with our kids. The storage unit was full and as a result our 46inch TV did not fit in the unit. A guy from my husbands unit who had become a friend was also deploying with my husband. Since we were unable to fit the TV in our storage unit, we asked if we could leave the TV in his garage.
While deployed my husbands friends claims that the TV was stolen along with other of his personal property. He said that he is not legally responsible in covering the cost of the TV, and that his rental insurance wont cover it. What type of responsibility does he have on the TV? My rental property can cover the cost of the TV, but we dont have a police report that he claims he filed.

What to do?

#2 adjusterjack

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Posted 21 February 2013 - 04:42 PM

Basically, he would be responsible for ordinary care of the TV and not greater than anything else he stored in his garage.

If the TV and other items were really stolen then he would have no responsibility for the TV because he's the victim.

If you think he's lying about the theft you have the option of suing him in small claims court but you'd only be entitled to the used value of the TV if you can prove that he's lying. How you would prove that is beyond.

Why don't you have the police report? Have you gone to the police department records and asked for it? Probably ought to exhaust that possibility before you do anything else.

If it turns out that he didn't bother to file a police report and you need one for your insurance, then you'll have to file one yourself to get the circumstances on record and get a case number.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 FindLaw_Amir

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Posted 22 February 2013 - 08:01 AM

You may want to read the LawBrain: Bailment article as a good resource to learn about this topic.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 pg1067

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Posted 22 February 2013 - 08:18 AM

What type of responsibility does he have on the TV?


Assuming he took reasonable care to protect it, none. Since you said you expressly requested that he leave it in his garage, as long as he did that, he'll be off the hook. Is there a reason you think he might have some liability?


My rental property can cover the cost of the TV, but we dont have a police report that he claims he filed.


When you refer to "my rental property," I assume your intent was to refer to renter's insurance. As far as the police report, you should be able to obtain a copy from your friend or the police.




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