Legal Question in Criminal Law in California

I sold a piece of furniture at an estate sale on April 2, 2011 to my neighbor for approx. $1,600.00. He made one attempt to coordinate with me to move it one afternoon. I was going out to my car and going to appointments for the entire day and he was driving by. I said give me a notice and I would be happy to accommodate.

The piece was stolen from the garage 2.5 months later. I rent and have no insurance. The landlord's policy does not cover other people's belongings. His garage is 20 feet from my landlord�s garage where I was keeping it. I filed a police report. He is now suing me for the value.

Am I liable?

Long Beach California

Peter


Asked on 7/22/11, 12:57 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I don't see why you would be. Your neighbor's failure to pick up the furniture he bought from you did not make you his insurer. At most you were required to take reasonable precautions against theft and damage, which it seems you did. And even if you didn't -- as, for example, if you routinely left your garage door open, your next-door neighbor probably knew what you were doing and chose to accept the risk.

There may be more to the story, of course. I can imagine additional facts under which you might be liable. But based upon what you have told us, I don't believe you are.

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Answered on 7/22/11, 1:41 pm


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