These are cases where someone has taken possession of your property with your permission. Once this occurs, a bailment relationship has been created. You become the bailee, and the person taking possession of your property becomes the bailor. Not surprisingly, in such a circumstance a duty of care arises for the bailor who has care and custody of your property. Many of the legal principles involving bailment actually began as a response to determining liability when goods that are being transported are damaged. Of course, these days bailment cases involving negligence covers a lot more.
For example, say you took your car in for an oil change and upon picking it up, discover that the shop had dropped your vehicle from a hoist. In your lawsuit, you may then be alleging negligence on the part of the shop when they failed to ensure that your vehicle was properly secured, before lifting it six feet above the ground.
Or perhaps you paid to have goods stored at a warehouse that was supposed to be equipped with automatic sprinklers in case of fire. A fire breaks out and the sprinklers fail to activate. You may consider suing the warehouse for negligence in maintaining its fire extinguishing systems, causing you to lose your property.
At Acumen, our goal is to ensure that if you had given possession of your property to someone else for a service or other reason, that the other party is responsible for any negligence on its part should that property be returned to you damaged. Call us for a free consultation. 604-370-3051.