The bailment created in the parking garage scenario would not transfer to your person (bailments refer to property), however, there 'could' be grounds for gross negligence.
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How does this read to you?
- Thread starter NWSharpshooter
- Start date
The bailment created in the parking garage scenario would not transfer to your person (bailments refer to property), however, there 'could' be grounds for gross negligence.
This is apparently a VERY gray area.
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1386&context=lawreview
Some judges are retards. I would agree that some type of bailment may be created if you left the parking lot your car keys-and subsequently, the car is stolen with those same keys. Otherwise, I see absolutely no duty of care. That is complete crap.
You should skip right down to the conclusions. This is not based on one case with one non-jury trial. Bailment is a whole lot harder to create than you would infer.
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1386&context=lawreview
Some judges are retards. I would agree that some type of bailment may be created if you left the parking lot your car keys-and subsequently, the car is stolen with those same keys. Otherwise, I see absolutely no duty of care. That is complete crap.
You should skip right down to the conclusions. This is not based on one case with one non-jury trial. Bailment is a whole lot harder to create than you would infer.
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You're right, it is a very gray area that ends up coming down to what judge you're lucky enough to draw....and the insurance companies know that which is why they will generally just pay for damages when you're only talking a few grand, rather than blowing $600/hr for a defense.
You know walmart pays out for shopping cart damage right? Slightly different premise, and certainly harder to argue a bailment, but it's still in their best interest to just make it right rather than fight. The signs are put there to deter people from attempting to make a claim, nothing more.
As for the creation of a bailment be involved.... Black's would disagree
'A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailor or bailee or both, and upon a contract, express or implied, to perform the trust and carry out such object, and thereupon either to redeliver the goods to the bailor or otherwise dispose of the same In conformity with the purpose of the trust.'
Ever drop your car off for new tires and leave before signing anything? Oil Change? Drop a watch off for a new battery/minor service that should only take a few hours? Leave an item of value with security staff at a hotel for safe keeping in their storage facility?
They're all bailments.
Now, what if your vehicle was vandalized while at the oil change/tire shop? What if your jeweler got robbed and your watch was taken? What if a maintenance guy sold his key to the safe room at the hotel to a gangbanger and it got wiped out?
I'm not trying to be argumentative, I'm just illustrating that every scenario features it's own defining minutiae and until those points are clarified, gray is as good as it gets. And as long as the matter is gray, what do you have to lose by attempting to have the wrongs committed against you remedied.
On that we can agree, I don't leave valuables in my car.
The Georgia courts have pretty well said that simply buying space and time in a parking deck or lot is not a bailment. They have distinguished that from valet parking and scenarios where employers require you to park in a particular place. Basically, there are, for lack of a better term, "degrees" of bailment.
1: I am sure that I have the proper insurance to cover a loss!
2: If I do leave something in my vehicle, it is secured where a theif is not gonna be in and out, they are gonna work for it.
3: You must be aware of your surroundings. ie. shopping and you go out to unload and go back in for more shopping, criminals are always watching and waiting. Protect yourself!
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Fair enough, SC is a bit different.
So, what about the parking garages where you're directed to specific sections?
