Legal Question in Civil Litigation in Missouri

Liability for stolen property

We own a small auto repair shop. No insurance as newly opened. Customers rims, tires and stereo were stolen. He is suing for $1500. We have a padlocked fence the vehicle was in. Are we liable for the loss?


Asked on 7/28/06, 12:48 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Liability for stolen property

This issue deals with the law of bailment. As the repair shop, you entered into a bailment for the car. Your obligation was to return the car to the owner in the condition you received it. Absent some contractual provision that says you have no liability for goods left overnight, there is at least a fact issue as to whether you are liable for the rims and the tires. You may not be liable for the stereo if you didn't know the stereo was in the car.

However, a bailee only has to exercise reasonable care. If you padlocked the gate and the court finds this was a reasonable precaution, you may wind up not owing anything.

Your best bet would be to use your contacts as a repair company to buy some cheap rims and tires and restore the car to its pre-theft condition, if this is something you can afford to do. For one thing, it will help you avoid a bad reputation as a repair shop.

I would advise you to seek out an attorney who can make a site visit and listen to all the facts and advise you accordingly.

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Answered on 7/28/06, 2:36 pm


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