Legal Question in Legal Ethics in North Carolina

we had all our belongings in a self storage building and the building flooded and we lost everything. the contract said they were not liable for natural disasters, however they never contacted us while our stuff set there and ruined for months. Do we have a case for neglegence that would stand up in court?


Asked on 11/17/13, 9:47 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

You need to speak to a civil litigation attorney. A few factors would decide this case.

1. Was the flooding a natural disaster or a busted pipe...which is not a natural disaster.

2. Was the unit reasonably shielded against floods. Even if it was a natural flood, so what, if the building wasn't designed to reasonably withstand a minor flood.

3. Did they try to contact you at all and do they have your most recent contact info? If you moved and they don't have the contact info, that will hurt.

4. Was it reasonable for you not to check on your stuff for months....this is a question for the jury. Were you 4 states away...out of country....you have to explain why you weren't checking in once every so often.

Finally, North Carolina is a contributory negligence state, so the last question is key. What this means is that if you are found to be negligent at all in not checking in on your property, you can't collect.

You also have a duty to mitigate your daamges...so as best as possible salvage what can be salvaged and keep track and inventory of what you have to dispose.

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Answered on 11/18/13, 4:44 am


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