What is our liability if a customer left his watch and hat accidentally in our gym so they were set aside for him but the watch is now missing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is our liability if a customer left his watch and hat accidentally in our gym so they were set aside for him but the watch is now missing?
He calle, and our staff found the hat and watch and put them in the lost and found for him. About a week later, he came in to retrieve the items but it looks like while the hat was still there, the watch was stolen. He is claiming that the watch retails for $375, and that we owe him the money by becoming liable as soon as we found the watch and set it aside for him. I was not sure what legal code this would fall under, but is this true? We do not have any signage about not being responsible for lost or stolen items.
Asked on May 14, 2015 under Business Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The signage may not have mattered here. Once you undertook the obligation to hold the items for him you created a bailment situation where you put yourself in the position of being responsible for its safe keeping. If you have an insurance policy read it and see if you are covered. Otherwise, he is going to have to prove the value of the watch and you will need to negotiate it. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.