Legal Question in Real Estate Law in Minnesota
Legal definition of possession
My mother was at the out patient room at the hospital. She had to have xray taken. She was instructed to remove a very expensive necklace. The xray person took her necklace and told her she would put it on her purse. (My mother does not speak very good english & thought she said either in or on the purse). After the procedure a different technician came in the room and took my mother to another room for another procedure. (the original xray person had left for lunch). At that time my mother picked up her purse and took it to the other room. She did not see her necklace. The 2nd technician said that she did not see the necklace. My mother did not realize her necklace was missing until she left the hospital. At that time we returned and searched for the necklace. The hospital states that the necklace was not their responsibility and that they are not liable. At no time was my mother instructed to lock up her necklace or give it to me in the waiting room. The hospital says she should have known better. What can we do. Can we go to small claims court and what would be the legal terms to use.
Thank you
1 Answer from Attorneys
Re: Legal definition of possession
This sounds like a first year law school question. Yes, file a claim in conciliation court. Terminology: say that your claim is for bailment. A bailment took place. Your mother was the bailor and the hospital was the bailee. The bailee failed to return the property at the appropriate time.
A bailment is where a party who you have reason to trust accepts an item for safekeeping. In such a case, you don't even have to show negligence, but only that you did not get the item back.
Watch out for this, however: the hospital may have had your mother sign something waiving her right to make such a claim. The waiver may have been somewhere in the mountain of paperwork that is done when being admitted to the hospital. Since everyone knows she didn't know what it meant, such a waiver might not stand up in court; it depends on the judge.
Good luck.
This response does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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