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Can I sue for missing items from a storage facility?

Uniondale, NY |

The sheriff put my belongings in a storage facility but there are several items missing,

Attorney Answers 4

Posted

You may have a claim against the Sheriff and/or the storage facility. As for the facility, it may depend on what their contract says. Many limit their damage to gross negligence only, which the Courts have upheld as legal. Gross negligence is harder to prove than negligence. As for the Sheriff you need to serve a Notice of Claim on the appropriate party. There could be legal issues about bailment, etc. More facts would be needed.

I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.

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Posted

Dear Uniondale Property Owner:

Did the Sheriff take your belongings while executing a warrant of eviction from a home or business? If so, did the sheriff provide an inventory of moved items? If this move to storage is due to an eviction were you present during the removal of the belongings? The sheriff is not required to move contents of a refrigerator, dishes in sink, and other similar belongings.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Posted

If the "missing" items were not inventoried, then they never existed and you will not be able to prove that there was any duty of care of these alleged items.
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Posted

Your questions lacks key facts. Did you receive a receipt or inventory for your belongings? From who? Did anyone besides yourself have access to the storage facility? Answers will dictate whether or not you have a viable cause of action.

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