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Thread: Bailment Laws

          
   
  1. #1
    Girly TT is offline Senior Member
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    Default Bailment Laws

    Does anyone have experience or some knowledge on the subject?

    We ran into an issue with a customers vehicle while it was in our possession, and bailment law came up. I had never heard the term before, and really have no legal experience.

    This is a copy-paste of a definition I found:
    Bailment - Lawyers.com

    A bailor is entitled to recover damages for lost or damaged property if he can show that the bailee failed to exercise the required degree of care and proximately caused damage or loss of the property. If the bailee exercised the required degree of care required, then the bailor won't be entitled to damages.
    I can go more into detail if needed. Any pointers, advice, etc. would be great.
    1991 Stealth R/T Twin Turbo... pink parts
    1991 3000GT... with matching trailer (his)
    1995 3000GT Spyder
    1995 3000GT Spyder VR-4 x2
    1995 3000GT VR-4
    1995 Stealth R/T Twin Turbo
    1995 3000GT... 13,000 miles
    1999 3000GT... 7,450 miles

    1996 Dodge Ram 2500 V10
    1968 Austin America

  2. #2
    Girly TT is offline Senior Member
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    anyone know where I can find the laws pertaining to bailment (not just a summary of it)? Specifically in Pennsylvania.
    1991 Stealth R/T Twin Turbo... pink parts
    1991 3000GT... with matching trailer (his)
    1995 3000GT Spyder
    1995 3000GT Spyder VR-4 x2
    1995 3000GT VR-4
    1995 Stealth R/T Twin Turbo
    1995 3000GT... 13,000 miles
    1999 3000GT... 7,450 miles

    1996 Dodge Ram 2500 V10
    1968 Austin America

  3. #3
    tubby's Avatar
    tubby is offline Senior Member
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    I've only heard of bail enforcement and bail laws (yes I used to be a bounty hunter). Bailment is a new term for me. I would go to your state legislature site and search for keywords there. My state (MI) has the laws online. Check there.

  4. #4
    Girly TT is offline Senior Member
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    Yea, I had never heard the term either. But it apparently referrs to when a business or individual takes posession and control over someone else's property, and assumes complete responsibility for the safety of that property, etc.

    I have not been able to find a website that I can read the actual law in my state... Just some basic synopsis. Do you know of a website that allows you to look up the laws in your state?
    1991 Stealth R/T Twin Turbo... pink parts
    1991 3000GT... with matching trailer (his)
    1995 3000GT Spyder
    1995 3000GT Spyder VR-4 x2
    1995 3000GT VR-4
    1995 Stealth R/T Twin Turbo
    1995 3000GT... 13,000 miles
    1999 3000GT... 7,450 miles

    1996 Dodge Ram 2500 V10
    1968 Austin America

  5. #5
    jnwings's Avatar
    jnwings is offline Member
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    Default

    Are you, by chance, storing the vehicle for a customer. If so, this would be considered bailment. It is when you have possession of property but no ownership rights of the property. Let's say you are storing the car and you did everything you needed to do to take care of the car and the car gets damage and the owner of the vehicle cannot prove that you provided sufficient care you may not owe for damages. Relatively new term for me, however, I am not an attorney, just adding my two cents.

    Different things regarding bailment in PA...
    http://www.legis.state.pa.us/cfdocs/...layDocInfo=yes
    Last edited by jnwings; 10-01-2011 at 01:31 PM.
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  6. #6
    Girly TT is offline Senior Member
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    Yes. A customer dropped his vehicle off for us to repair. While it was in our possession, we had flood warnings, and had to evacuate it. At some point during the flood evacuation, the car had some items stolen from it.

    The customer understands that we are not responsible, and were trying to keep it out of harms way. He filed with his insurance company, and now his insurance company is suing us for the loss. It's not a large amount of $$ so we can't justify spending the money on a lawyer to handle this in court, so, I'm trying to find the exact laws so I can handle this in court myself.
    1991 Stealth R/T Twin Turbo... pink parts
    1991 3000GT... with matching trailer (his)
    1995 3000GT Spyder
    1995 3000GT Spyder VR-4 x2
    1995 3000GT VR-4
    1995 Stealth R/T Twin Turbo
    1995 3000GT... 13,000 miles
    1999 3000GT... 7,450 miles

    1996 Dodge Ram 2500 V10
    1968 Austin America

  7. #7
    Nemesis07r's Avatar
    Nemesis07r is offline Senior Member
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    Sorry to hear that, any cameras in the facility to help pin point who did it?
    "I think we're here to fvck shit up." -Joe Rogan

    "There are only two opinions in this world: Mine and the wrong one." -Jeremy Clarkson

  8. #8
    Girly TT is offline Senior Member
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    Unfortunately no.
    1991 Stealth R/T Twin Turbo... pink parts
    1991 3000GT... with matching trailer (his)
    1995 3000GT Spyder
    1995 3000GT Spyder VR-4 x2
    1995 3000GT VR-4
    1995 Stealth R/T Twin Turbo
    1995 3000GT... 13,000 miles
    1999 3000GT... 7,450 miles

    1996 Dodge Ram 2500 V10
    1968 Austin America

  9. #9
    AMS MIKE's Avatar
    AMS MIKE is offline Senior Member
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    whats the aprox. amount to replace the stolen items?

  10. #10
    Girly TT is offline Senior Member
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    Under $1500.
    1991 Stealth R/T Twin Turbo... pink parts
    1991 3000GT... with matching trailer (his)
    1995 3000GT Spyder
    1995 3000GT Spyder VR-4 x2
    1995 3000GT VR-4
    1995 Stealth R/T Twin Turbo
    1995 3000GT... 13,000 miles
    1999 3000GT... 7,450 miles

    1996 Dodge Ram 2500 V10
    1968 Austin America

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