Legal Question in Intellectual Property in New Jersey

I loaned a painting that was stolen from where it hung. Can I sue the person that I lent the painting to?


Asked on 3/12/14, 11:28 am

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, yes.

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Answered on 3/12/14, 11:31 am
Frank Natoli Natoli-Legal, LLC

Actually, I disagree with my colleague. I think generally speaking one is not responsible for the criminal acts of another.

If I lend you my car to run some errands and you park at the mall and it gets stolen, do you think I can sue you solely on account of that? No, but if you were negligent like if it was shown that you left the doors open and the keys in the ignition then I can sue on account of your negligence.

You have the same scenario here. If the person's home was robbed, for example, an insurance claim should be submitted and you may get some relief that way. But if this was something of value that you left in the possession of another, there is an onus on you to account for contingencies. For example, making sure it is covered by insurance. You may want to check with own homeowners or renters provider as well.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 3/12/14, 11:39 am


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