Legal Question in Real Estate Law in California
Theft from Public Storage Unit , twice! Liability?
My public storage unit was broken into and had thousands of dollars of goods taken. Then, it was broken into again, one month later!
Both times, I was informed by the manager (and District Manager) that if someone really wants in, they will get in! Then they commented how I didn't have insurance with them, and I signed an agreement saying they weren't liable. (I have renter's insurance that I'm hoping will cover the loss, but it isn't covering the Full Replacement Value, since the items were in a storage unit). From the first break-in they had camera footage of the suspects walking out with my items, but no camera near my unit (the police have done nothing). They also commented on how it was likely another customer targeting my unit. It seems to me that they have done nothing to make good on securing the facility: They advertise on their website about their facilities being safe and secure.
Do I have any recourse with them for recovering the remaining value of my items (or the full value if the insurance claim is denied), as well as for my time of having to repeatedly leave work to go deal with this?
1 Answer from Attorneys
Re: Theft from Public Storage Unit , twice! Liability?
Ordinarily, the liability waiver in your rental agreement would be sufficient to protect the operator, but your facts are unusually strong and you might be able to prevail in some kind of tort action, e.g. negligence. However, this is not really a real estate question so much as it is a tort or negligence question, and the LawGuru attorneys who review and respond to questions asked under those headings could perhaps give you a more detailed and precise opinion as to your chances, so you might want to re-submit your question.
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