Legal Question in Criminal Law in California
Storage unit contents stolen by employees of the Storage Facility
I rented a unit at a self-storage location with one of the largest self storage companies in the country. When I called to make a payment yesterday I was told that ''3 weeks ago they had found the doors to my storage unit wide open and all the contents had been removed'' yet they never filed a police/theft report they simply re-rented it to another customer. I know they have excellent security with multiple gates,codes,etc and my unit was padlocked and located in the back of the building-not near the front doors. When I told her that it sounded like an inside job/theft from an employee she simply answered well, you can file a claim with the company or file a police report. However, I am traveling for work out of the state at the moment and the police informed me that I am not able to file a report except there in person. I dont understand how a large company that I paid to keep my things safe can take no responsibility that suddenly the contents of my storage unit(including financial & medical records)are completely gone! I recorded my conversations with the manager and she made blatant lies about their company policy that I have on tape. Are there any attorneys that have experience with this kind of case against a storage facility
2 Answers from Attorneys
Re: Storage unit contents stolen by employees of the Storage Facility
The facts you describe do not mean this was an inside job. The police are unlikely to presume that it was.
You seem interested in suing, but that would be a civil matter. You posted your question under criminal law. I note, though, that you probably signed a contract which limits the company's liability in the event of a loss like this. You may even have agreed to purchase insurance to cover such a loss. If you then failed to do so, you may have a hard time recovering anything from the company.
In order to win a civil suit you would at least have to prove by a preponderance of the evidence that the company was negligent. The fact that the theft occurred does not prove negligence. It sounds like the company took serious precautions to protect its tenants' belongings. That this theft happened anyway proves only that the precautions were less than perfect. You would need to show quite a bit more than this to prove negligence.
Finally, I hope you had permission from everyone else on the phone call when you made the recording. Taping a phone call without the consent of all parties is a crime in California. Additionally, the evidence code specifically forbids the use of such recordings as evidence under any circumstances -- except when offered by a criminal prosecutor to prove that the defendant made it.
Re: Storage unit contents stolen by employees of the Storage Facility
Check to see if you have an insurance policy for the storage unit contents. I don't know the law in Cali, but in FL, I was legally required to carry $100K insurance when renting a storage unit from a large, nationwide self-storage facility. The insurance is added to my monthly storage bill and is just a few extra dollars per month. Perhaps you forgot that you carry such a policy.... it's worth checking.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
