Legal Question in Insurance Law in California
Storage Unit Facilites liabilities
I rent a storage unit which was broken into along with 2 others. This is a repeat incident for this facility which I was unaware of. There is no security what so ever, ie: cameras, walk around personnel, but an employee lives on the premises.
When I signed the contract, I was told to initial certain places and sign at the bottom. When i asked what the initials were on, I was told it was mumble jumble information of no importance.
When this happened the facility told me they were not liable, that I should have purchased some renters insurance, to which I was never verbally informed by them, but they informed me I initialed this on the contract.
So my question is, is there any liability on the storage facilities part, being this was an ongoing occurence to which no security measures were taken to try to resolve this problem they have.
Thank you
2 Answers from Attorneys
Re: Storage Unit Facilites liabilities
If you have homeowner's insurance, this loss should be covered.
The rental company generally will be held liable for either (1) breach of lease (contract) for either express or implied covenants of safe storage of your goods. You are paying for security - you cannot get into the facility without identification, etc. or (2) negligence in the performance of an obligation created by the lease contract.
Pre-signed "releases" are not always valid. There are requirements before someone can immunize themselves from all responsibility, particularly in your consumer setting.
Write the rental facility and make a demand with specifics of your losses. Get a copy of the police report - if they did not file one, you should. Do everything formally.
Write the franchise owner of the storage facility at the same time - demand they respond in damages.
If this does not work, sue them both in small claims for up to $5K.
Re: Storage Unit Facilites liabilities
Its hard to answer your question because we dont know what you signed either.
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