Is a sole proprietor liable for theft?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a sole proprietor liable for theft?
I was staying at an RV resort and
I was allowed by the proprietor to
have a kayak by his docks, it was
stolen and I have found out that
he had his insurance lapse is he
liable for the cost of the theft
because he is a sole proprietor
and did not have his insurance in
place because I was given
permission by him that it could be
there? There is nothing in the
rental agreement of the RV space
that precludes any loss from theft
fire or any other type of
situation.
Asked on June 13, 2016 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, he is NOT liable for theft unless he stole it. Giving someone permission to keep something on your property does not make you liable for the criminal acts of third parties (the law does not make person A liable for the crimes of person B unless A participated in the crime in some way); and he is under no legal obligation to insure your belongings. You should claim under your own insurance; and if you did not have insurance for your belongings, like your kayak, then that is, in the law's eyes (and not to be unsympathetic, but to state the situation clearly), your problem or issue, not the resort proprietor's issue--people should insure their own valuables against loss.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.