Legal Question in Civil Litigation in Oklahoma
Personal Property Dispute
One a trip, someone leaves a pair of shoes in your suitcase without prior consent, you bring it back for the person never the less.
You leave it at your apartment for a good two months without any indication of his wanting it back.
You finally throw it away as it smells.
He buys a new pair of shoes and claims you owe him the cost.
Am I liable for damages?
1 Answer from Attorneys
Re: Personal Property Dispute
We must answer this question cautiously because the circumstances are vague. The question is whether this person was aware that he/she left the shoes and if you had notified them that you had possession of the shoes prior to discarding them. As as ethical and civil courtesy, it would have been appropriate to give this individual an opportunity to take action by notifing him or her that you had possession and would like to return them. However, two months is also sufficient amount of time to allow this person to discover that the shoes were missing and to retrieve them. Either way, you are not responsible for any action the individual had taken to replace these shoes, particularly, because no value could be substantiated prior to disgarding them and the time factors were sufficient to recover the shoes.