Legal Question in Civil Litigation in California
Retailers' responsibility
When a customer enters a store and is asked to leave their briefcase of backpack at the front of the store, what responsibility does the store have to the customer and for the property? I will enter a store with an expensive laptop, files on USB drives and all my business paper work. I am leary of leaving my bag, and yes I know I have an option to not go in. I am just trying to understand who is liable for the loss of damage of my property. Further to this, is it not discriminatory for the store yo ask me to check my briefcase, but not ask my wife to check her purse?
2 Answers from Attorneys
Ask for a receipt or claim check. If they won't give you one, don't shop there. Consider getting a locking briefcase or backpack.
By requiring you to leave your briefcase or backpack, they are creating a bailment which makes them completely responsible for the item to the extent they are aware of and voluntarily take on responsiblity for the value of the item. So you can't give them a ratty old backpack with a 10kt diamond in it and hold them responsible for the value of the diamond if it is lost or stolen. You can tell them what is in your briefcase and the value, but without any proof, it is a he said she said about whether you properly and clearly declared the value of the item and they knowingly and willingly undertook the bailment of your valuable items. As for discrimination, they are entitled to discriminate on the basis of the size of the container, but they technically cannot make you leave a bag the size of a purse at the counter, while allowing a purse the same size or larger into the store. Of course if you're rich enough to take that one to court, you probably don't care whether they lose your laptop, right?
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