Legal Question in Real Estate Law in California

Re: Public Storage Units Legal Responablities

These public storage cases are notoriously difficult. The storage contract they make you sign limits all of their liability for any conduct. It also states that they will only ultimately be responsible, if they are negligent, for a small sum, which usually does not even cover the loss of property. In your case, you are the person that left the storage unit unlocked. They even warned you about it. Sorry, but, you don't have a case here. The best you could hope for is to take them to small claims court and hope that the judge awards you some money. Good luck and thanks for inquiring.

Re: Public Storage Units Legal Responablities

The PSU's liability may be limited by Civil Code section 1840, which reads, "The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor , or has reason to suppose, the thing deposited to be worth." Unless the PSU was told, or saw, that you had more valuable items, any declaration in your contract setting forth maximum or assumed valuations would be the ceiling under sec. 1840.

Also, with respect to pinning liability on the PSU in the first place, see Civil Code section 1856, which reads, "A depositary for hire must use at least ordinary care for the preservation of the thing deposited." This is more than the "slight care" required of a gratuitous (not for hire) depositary, but ordinary care can probably be shown by keeping the area fenced, having an attendant, and exercising some control over who comes and goes.

For both these reasons, I don't think a lawsuit against the PSU would be a good gamble.