What is the liability for a gym if personal items are stolen from lockers they provide?

My gym provides lockers with built in locks and 10 days ago my wallet was stolen while I was working out. The gym didn’t think a police report was necessary but I filed anyway. I then proceeded to cancel all my cards (within the hour they had made several large purchases of gift cards), I figured I was out the cash and $100 Visa gift card I had. Since then I have been leaving my wallet and phone in my car. Last night my car keys were taken and the wallet was stolen from the car. Once again they charged over $8000 within the hour and I also lost around $100 cash. Nothing else was stolen from the car and they left the keys in the vehicle.

Asked on November 7, 2014 under Business Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The gym is not liable: they are not your insurer, and a business is not liable for the criminal acts of either other customers or of its own employees (since stealing and committing crimes is not part of the job description or what they were hired to do). Only the actual thieves any accomplices of theirs, assuming you can identify them, would be liable.


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