Is my friend responsible for my property stolen out of his car due to his own lack of reasonable safeguard?

UPDATED: Jun 21, 2012

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Is my friend responsible for my property stolen out of his car due to his own lack of reasonable safeguard?

During a film shooting, one of my friends had some equipment in his car, which I borrowed from my university. I stayed overnight at a different place than he did, he drove with his car to his cousins place and then left all the equipment inside his car. Somebody broke into it that night and stole all equipment. Does my friend have any responsibility towards me to share or cover the loss?

Asked on June 21, 2012 under Bankruptcy Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written with respect to the stolen equipment that you borrowed from your university, you would be responsible for its loss not your friend. The reason is that you borrowed the equipment and as such had the duty to safeguard the items, not your friend.

Potentially your friend may have auto insurance that may cover the loss of this equipment through theft.

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 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.

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