Legal Question in Civil Litigation in New York

property stolen

while having my friends laptop in my possesion it was stolen at the restaurant in which i was visiting. am i reliable to pay back the compter stolen if she takes me to small claims court?


Asked on 4/23/08, 12:20 am

1 Answer from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: property stolen

When one person holds property for another it is known as a "bailment". The bailee (person holding the property) is presumed to be liable for the loss. However, this presumption can be rebutted by a sufficient explanation for the loss. The burden then "shifts" back to the bailor to show that the theft was caused as a result of the bailee's negligence.

In short, you need to explain to the court that the computer was stolen even though you took reasonable measures to protect it. If you placed the computer in a secure locker and someone picked the lock, you are probably safe. If you left the computer on a table at Starbucks so that you could use the bathroom, you're probably going to have to pay.

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Answered on 4/23/08, 1:50 am


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