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Can I sue a storage they were damage bc of Sandy but only informed about the damage at end of December

New York, NY |

I don't have inssurance but there is a lot of valuable goods, the storage email me the invoices to November 2012 and December of 2012 ( the food was te end on October ( because of the size of the wearhouse I only could start the inspection on my unities today ( February 2013) now they want me to sign a document saying that they Re not responsible for the damages in my goods. But I think if they had informed me about the Damage earlier I could have saved a lot of things that now are lost because of mold etc

Attorney Answers 2

Posted

Consult in person with a local attorney. It sounds like you may have a claim.

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Posted

Whatever you do, don't sign any document saying they are not liable. That is not to say they are liable, but you certainly don't want to agree they are not.

Generally, there is a rule that someone holding property for money has a duty to exercise ordinary care with respect to the property. Additionally, the holder of the property (bailee) cannot generally contract away all liability, but can limit the liability to a known amount. For example, you have probably seen parking garage tickets that say something to the effect that "this ticket limits our liability, read it" and goes on to say they are not responsible for damage over the amount of $500.00 or so.

Having said the above, the storage facility probably did not exercise ordinary care when they didn't contact you about flooding at the facility. Still, you probably should have gone to check on your property sooner than three months post storm. Depending upon the value of the property you could have saved but didn't because of the delayed notice, you may have a claim that is worth bringing.

Check with a local attorney to find out.

Good luck.

The author of this posting is licensed to practice law in the State of New York. He specializes in litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship.

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