Legal Question in Civil Litigation in Massachusetts
Property Liabilty
Is there liability when a friend is to take care of your personal property and it is stolen due to negligence? Who is liable for the property replacement?
2 Answers from Attorneys
Re: Property Liabilty
I think you've asked this question before, although in a slightly different way. The answer to the legal question you've posed this time is this: If you friend agreed to take care of your personal property for you with the understanding that it was to be returned to you at some point, then he would be responsible to repay you if it was stolen due to negligence. But that still leaves the important question of what constitutes "negligence." If he was using reasonable care to safeguard your things, then that would not constitute negligence. On the other hand, if for example he left the door wide open to his apartment in a high-traffic area, and someone then came in and stole your items, that would be negligence.
Re: Property Liabilty
the friend, but you may standby liability.