I bought the lock from them. Who ever broke in didn't cut the lock, there was no damage, all they did was move the lock to one side which made for easy access. So the unit itself was not secure and failed. I did not get the insurance and I am wondering if I might have a case in small claims court because the unit itself could not be secured?
2007-11-16 05:04:28 · 5 answers · asked by chris 2 in Politics & Government ➔ Law & Ethics
Yes its been 4 days now that i have had this unit and everything looked fine. After it happened the police came and did there thing and said I may have a case because the unit failed to do its job, just like when I got there the door was closed and the look was fine. After the fact the lady at the office told me that they can break in that way and it happens all the time. And it seems like no one there has tried to make it more secure knowing that they are not safe.
2007-11-16 05:21:10 · update #1
Even though you did not take the insurance, this does not excuse the owner from "taking protection to secure the units from theft". If the owner/manager is aware how easy it is to break-in to the units, you should have been told when renting. I think you have a case for negligence.
2007-11-16 05:29:55 · answer #1 · answered by sensible_man 7 · 0⤊ 1⤋
If you knew there was a problem with the door or lock, and left your stuff, then you assumed the risk. You also assumed the risk of not buying the insurance.
On the other hand, if the door was damaged after you last left (assuming it was secure at that time) and the damage caused the unit to be unsecure, then PS is on the hook.
It doesn't matter that you bought the lock from them, because you weren't under any duty to use that lock - you could have got a lock from anywhere.
The PS place's duty was to provide the space, prevent hazards to your belongings (leaking water, fire, vermin, and so forth), and to REASONABLY prevent passerbys from getting into your space (in other words, watch for the guy walking in with the crowbar)
good luck.
2007-11-16 05:18:24 · answer #2 · answered by Shell Answer Man 5 · 1⤊ 0⤋
I am sure the contract very clearly states that all the responsibility is on you.
Why would you protect $1500 of stuff without buying even a 4 dollar lock only you have the key or combination to?
I think your better bet is to report the matter to the police. Maybe it turns out this is the 10th time at that unit and is the clue that breaks the case. Or maybe eventually another case will lead back to yours. In the meantime, the cops will have an eye out for your stuff.
2007-11-16 05:11:59 · answer #3 · answered by Barry C 6 · 0⤊ 0⤋
If you can show that the unit was unable to be secured, and you did not know this until it was broken into, that would probably be your only way to make a claim. If you knew the unit couldn't be secured, and didn't say anything to get it fixed or get another unit, they won't be responsible. If, on the other hand, they can show that the unit was safe but you didn't secure it properly, you'll be out of luck. Your contract probably absolves them of liability, which is why you'd have to show that the unit they rented you was defective without your knowledge.
2007-11-16 05:13:48 · answer #4 · answered by Anonymous · 1⤊ 0⤋
no, you signed a contract stating you inspected the unit before you rented it. If it was defective after you purchased it , it is your responsibility to let them know, they dont have any legal obligation to make sure your lock it on properly after you sign. Should have sprung for the $12 extra bucks a month
2007-11-16 05:38:46 · answer #5 · answered by Rina 5 · 0⤊ 0⤋