The duty to mitigate damages is the duty, or obligation, on the part of a person who has suffered physical injury, property damage, or financial…→ Read More
Property Damage Claims
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With an absence of fault, potential assumption of risk, and even possible comparative or contributory negligence, it’s very unlikely that the field, team, or player(s) would be liable for any damage done to a vehicle near a ball field.→ Read More
If a jeweler damages my ring, can they keep it while determining what compensation I will receive? Can I force them to give it back and have them pay for repairs?
There are two different issues here: The first is physical control over or access to the ring. The answer to that is, it is your ring, that is, your property. The store, the jeweler, or indeed, anybody else, has no right to tell you what to do with it or keep it against your will. If they refuse to return your property on demand, you might consider contacting the police. Keeping someone’s property without their permission is theft.→ Read More
What recourse do I have when personal property I stored at work was damaged by rain and flooding due to the negligence of independent construction contractors doing renovations at my employer’s office?
If the contractors who were responsible for the damage of your personal property were truly “contractors,” then your boss is not liable for your loss….→ Read More