Legal Question in Civil Litigation in Indiana

personal property

I was storing furniture for someone in my basement for 3 1/2 years. Last spring my basement flooded. It has never flooded before. The flooding was the result of heavy rain, a power outage, and sump pump failure. This persons furniture was damaged beyond repair, and thrown away. I never accepted any money to store this furniture. I have not heard from this person in more than 2 years. Now she is calling wanting her furniture back. Am I responsible to pay for her furniture or replace it?


Asked on 4/24/09, 9:23 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: personal property

Based on the facts presented, and assuming that you can document those facts, if there is liability, and I doubt that there is, it is for the value of the furniture as damaged, which is probably very minimal. However, contacting her at the time of the flooding probably would have been a good idea. It really isnt the damage from the flood that may cause you problems, its that you threw the furniture out. Even damaged furniture may have some value.

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Answered on 4/24/09, 10:23 am


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