Legal Question in Civil Litigation in Florida

We had two nearly new wave runners stolen out of a locked storage unit located in a secured gated storage facility. The business was nearly new...it offered 24/7 video surveillance, security code access to get in and same to get out thru the gates. Our wave runners were stolen in broad daylight and the whole theft is caught on video including the assistant manager pushing the gate button from inside the office and not asking for any proof of ownership or why the bad guys did not have a code to get out. We received an insufficient check from the insurance company, but we feel the corporate owners and the local managers need to be held responsibe. The storage agreement is pretty standard language about them not being responsible for theft or trying to put a max dollar amount of $5000 on what you have stored. They knew what we were storing and never told us of any maximum value. Do we have a case to sue for what the insurance paid and what they were worth as well as the deductible we paid? And could the corporate owners be held liable to pay punitive damages also due to such a blatant breach of duty owed to us to reasonable protect our property inside their new state of the art secured storage facility? The sherriff's dept has the video. Thank you.


Asked on 11/09/09, 6:47 am

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

There will be no punitive damages in such a case. One would need to look at the contract in its entirety to determine whether the storage facility may be liable for any loss beyond the insurance pay-out.

I hear that you are in the right, and this situation is clearly wrong. I don't doubt that. But, it really depends upon the contract language whether you can recover from the storage facility.

If you would like a review of that contract, feel free to send me an email. I will give you a legal opinion for a small fee.

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Answered on 11/14/09, 7:53 am
Lesly Longa Longa Law P.A.

They may not be responsible for theft, but they may have failed in their duty to you. I couldn't say more without getting additional facts and reading the contract. You should consult with an attorney. Regards,

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Answered on 11/14/09, 5:40 pm


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