Legal Question in Civil Litigation in New York

Personal Liability

A friend of my son left an item in our house 8 months ago. My son spoke with him 4 times to come and retrieve the item. He never showed up. Now the item is missing and they want restitution from us. We don.t know if someone else walked off with the item, its been so long. Are we responsible to replace the item now that they come looking for it?


Asked on 9/14/00, 1:39 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Personal Liability

Seems like anyone can sue anyone else for almost anything these days. And it's real easy for them to take it into the Small Claims court, if the value of the item was under $3,000.

My recollection from ancient law school learning is that this situation is called a Bailment. The other child entrusted you (though without your request, and without paying you), with an item of personal property. Which makes you the Bailee, though not a Bailee for Hire. I think they would need to show not merely negligence on your part, but something more akin to Gross Neglect, if they can even recover at all.

Anyone else have a better answer on this?

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Answered on 10/16/00, 8:43 am


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