Legal Question in Business Law in California

Business Obligations to Items left behind

I own a spa and a client left behind a bikini. We left her msgs to pick it up about a months or so ago, but she never came during the times we were open. It's been months and she is now looking for the swim suit. At this point, the swim suit is missing. She's threatening to sue us due to the missing swim suit. Unfortunately, I have several people who work at the shop, and some that no longer work there. Are we legally obliaged to pay her for this item that SHE left behind???


Asked on 6/01/07, 12:57 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business Obligations to Items left behind

I'd say no, based on California's law of bailments, which California chooses to refer to as "deposits" rather than bailments. You probably had a slight duty of care, but when you notified her to pick it up and she failed to respond, your duties expired and you are not liable.

Funny however that you should bother to ask. What could it possibly be worth? Probably not even enough to warrant a small claims suit.

I'd say tell her to buzz off.

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Answered on 6/01/07, 1:16 am


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