Legal Question in Real Estate Law in Minnesota

$1000 Package ''Lost'' by Rental Office

I ordered a computer from an internet auction site, but was not home when the package arrived. So the delivery man took it to the rental office of my apartment complex and a woman signed for the package at the office. I got the note from FedEx, went to the office to pick up my package and now they can't find it. They admitted that they signed for it, but now claim they are not responsible for it. Am I correct in assuming that they are indeed responsible for getting the package to me once they have signed for it?


Asked on 12/12/00, 2:00 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: $1000 Package ''Lost'' by Rental Office

Yes.

It's an old common law concept called "bailment." Anyone (the "Bailee")who takes custody of an item for a third party (the "Bailor") is 100% responsible for the item. It's called "absolute" responsibility because you don't have to show they did anything negligent. All you have to show is that the item is missing or damaged.

This is an easy question. You win.

Good luck trying to collect. That's a horse of a different color.

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Answered on 12/13/00, 2:07 pm


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