If I had my camper parked at a storage unit and it was stolen, is the owner responsible for anything?

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If I had my camper parked at a storage unit and it was stolen, is the owner responsible for anything?

I paid 15 a month with no contract.

Asked on December 15, 2014 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The owner may be responsible if there was a failure to provide security and one of the following is also true:

1) The contract or agreement stated they provided security, in which case they could be liable under the contract;

2) Even if the agreement/contract did not specify there was security, the place was in some way advertised or marketed as being secure or patrolled, etc., so that you only entered into the agreement due to the representation there would be security.

3) Regardless of contract or advertisements (as long as there was no specific disclaimer or security--i.e. "leave at your own risk"), if the owner did not provide the sort of basic security that any reasonable owner of such a facility would provide, then he may be liable for negligence, or carelessness.

However, even if 1), 2), and/or 3) was true, if the owner did provide reasonable or agreed upon security--such as a fence, and/or guards, and/or cameras, and/or an alarm--but the thieves got in anyway, the owner would not be liable. The owner is not your insurer and is not responsible for all loses--only those caused by his negligence, breach of contract, or breach of the reasonable expectations he himself created. He's not responsible if talanted or lucky thieves bypassed reasonable security.


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