I took my dirt bike to a bike shop to have them look at it and tell me what was wrong with it and a day after i dropped it off they had a break in and it was stolen. Now they say they are not responsible for it and that we have to get the money back for the value of bike from the person who stole it, but they haven't been caught. I want to sue them for the money that I am owed, but I dont know what kind of lawyer I need, please help!
2007-09-12 05:57:38 · 4 answers · asked by heather b 1 in Politics & Government ➔ Law & Ethics
Try small claims, and try your darndest to find something from the store that spells out their liability.
2007-09-12 06:04:29 · answer #1 · answered by Flatpaw 7 · 0⤊ 1⤋
It depends on whether a criminal or civil statute was involved. The thief would need a criminal lawyer. You, on the other hand, need a civil lawyer.In essence, the guy who stole the bike is a criminal. The cops can arrest him and put him on trial. The store, however, was not acting ion a criminal manner, simply a custodian, and may not even be liable. Do they have a sign posted which says you assume the risk for items left in their care? In a restaurant, for example, if there is a coat rack and you leave your coat hanging there, the restaurant will usually have a sign stating they are not responsible for items left on the coat rack, and if your expensive leather overcoat disappears, you are out of luck. Is that stated on the back of a signed work order or contract? If you have NO signed paperwork which says who is responsible for what, you are in a difficult position and something like small claims court may be your only recourse. The store should have some form of insurance for their property, which includes yours when it is in their care, in the same manner as a homeowner has for personal property. IF, as a homeowner, I borrow my neighbor's lawn mower and my house is broken into and the mower is stolen, my homeowners insurance insures the borrowed mower. It would not be replaced, but settled at something like the "fair market value" which takes into account age, condition and such, which may mean pennies on the dollar. They are NOT going to replace your property, but rather if anything, would be the fair market value of your property. Time for you to consult with a civil attorney. In my opinion, it would seem the store is negligent, maybe, but not criminal and if there is an insurance claim for losses suffered as a result of the theft, you are entitled to a portion of the settlement. As a rough guess, I would estimate that unless this motorcycle is a collector's item or other high value type of thing, it will cost more to litigate than it is worth. I am not a lawyer, so I can not legally advise you, but I know a civil attorney very well, and this is the kind of thing he does for a living.
2007-09-12 06:30:09 · answer #2 · answered by rowlfe 7 · 0⤊ 0⤋
Laughter hinted at the right answer.
Simply because you left your bike with the shop does not create a bailment. All the shop had to do was exercise ORDINARY CARE.
In this instance, the only way for the shop to be liable is if they gave the thief the keys or left the keys in the bike, the bike outside and it was stolen.
File a claim with your insurance company.
2007-09-12 07:04:16 · answer #3 · answered by hexeliebe 6 · 1⤊ 0⤋
I don't see why you need a lawyer at all, this should be reported to the police. As far as the shop being responsible, you likely signed something stating they were not.
2007-09-12 06:03:08 · answer #4 · answered by trooper3316 7 · 0⤊ 0⤋