Legal Question in Civil Litigation in California
returns
I had some furniture i didn't want to get rid of so i told my brother he could use it untill i needed it or if he no longer did I wanted it back, not to sell or give it to anyone else. his house burnt down and all was lost. he had all my furniture replaced $$$$ but never reimbursted me for my lost furniture. is there any thing I can do to get my things back, the house has been replaced and all the belongsings for about 3 years, and at the time i offered him help. but he Never metiontioned my things. my little girls antique highchair, a $3,000 wooden play set for outside, a bedroom set, and a custom wall unit.
1 Answer from Attorneys
Re: returns
Unless the fire resulted from your brother's negligence, he probably is not responsible for the loss of your belongings. In legal terminology, he was the bailee of your furniture. Bailees are required to exercice reasonable care for the property entrusted to them, but if they do so they are not responsible for losses that occur anyway.
Essentially, you accepted the risk that something like this would happen. Your brother did not agree to guarantee the safety of your belongings when he agreed to hold on to them for you.
If your brother had insurance that covered all the contents of his house and if the policy paid for the furniture then he should have given you the money. Otherwise you're probably out of luck.
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