How to start your lawsuit. The long story is to hold Public Storage accountable for securing the property you store with them and requiring Willis to present an insurance without a loophole for employee theft, which makes your policy null and void / or is not under your coverage. Free Legal Help, Legal Forms and Lawyers. Our premiums are typically 100% to 200% lower for the same coverage limits offered at the storage facility (storage facilities typically mark up their premiums, with a sizable profit going straight to the storage company). Jerry Withrow filed a complaint in Kanawha Circuit Court against Mountaineer Buildings LLC, Goff Mountain Holdings, Mountaineer Buildings of Kentucky, et al, alleging they failed to exercise reasonable care to protect their customers from injury. First, if a facility's advertising implies or states it is "safe and secure, " and a tenant's unit is burglarized, the site owner may find himself in a lawsuit that alleges he is liable.
So it should provide a good, secure environment by keeping its buildings in good repair and ensuring they are well lit and protected. There apparently isn't even enough money to replace burned-out lights, making customers lug around flashlights to access their unit after dark. Each situation requires astute legal guidance to avoid unnecessary lawsuits. The Gonzalez v. A-1 Self Storage, Inc. case serves as a great example. You'd be wrong to automatically assume that the storage unit owner is responsible for every rat problem. Often, those who are wronged simply want everyone to know they were wronged (especially the person who wronged them). Just because the neighbor's kid ran a dune buggy over your lawn and caused $17, 500 in landscaping bills doesn't mean a lawyer will be interested in pursuing justice on your behalf. Self-Storage Insurance Claims – Generally Vulnerable. Answered by Vault Self Storage LLC 13360 W. Willow Ave., Surprise, AZ, 85379, 623-546-6666 (Novice with 3 pts. The Employees thus go into your unit by popping the lock (which they require you buy from them); using their replacement lock and go in and out of the unit as they wish making your insurance claim void because there is no sign of forcible entry as defined in the insurance policy. In this video report from CBS SF on YouTube, Julie Watts investigates the claims of customers who have been having trouble getting payment on their theft insurance claims, after break-ins at their storage units. Your PMS can send automated payment reminders and help you keep track of your tenants. Keep a detailed account of all the damages you've incurred at the storage facility. Common lease language might read something like "OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE.
Also, pack your unit carefully, paying particular attention to fragile goods. Some require service through mail, while you may need to find a private process server for others. Sending a demand letter is the first step before heading to a small claims court. Some are familiar, while others are new nightmares, my friends. Trott isn't the only consumer suing a storage unit company from allegedly improper practices. • Do replace their lock ASAP should they cut your lock.
Renters insurance or a tenant protection plan can make you money, depending on how you offer it, and at the very least it can protect your tenants' goods in the event something bad does happen. Q: Can I sue me storage facility if my unit was broken into and it was no cameras facing the unit do to them being moved. Without a law degree, it may be hard to evaluate your likelihood of success. Self-Storage Insurance Claims – At the Mercy of the Waters. With good information, you can make good decisions about whom to send to liens, whom to forgive late payments on, and whom to refuse to rent to. More Than Boxes In A Room. Storage Unit Lawsuits Target Property Seizures. You'll just have to be patient. This however doesn't mean the storage facility is a safe place to be as every year people slip and fall on wet floors within the facility and snow and ice outside the facility.
Employment Attorney • Business Trial Lawyer. Read or contribute to the latest legal news in The Law Journal. Trott wants to send a message to the company and let them know they are accountable for safety and security. This could include photos of the damaged items and records of communication with the facility owner, such as text messages, emails, or call logs. People store precious and valuable things in storage units, and these items aren't necessarily covered by all insurance policies. Beverly Hills, CA 90210. It's your obligation as the owner to maintain all records concerning operation of your storage facility. You should contact your insurance carrier regarding the theft. Non-economic and Economic Damages. Here are three common areas where self storage liability is a concern. Piccuta Reaches $80, 000 Settlement in Case Involving Wrongful Sale of Storage Unit. You might need to apply for a limited-lines insurance license in your state to sell contents insurance. In either case, it's imperative that a timely answer be filed.
Let's say you paid good money to keep your goods secured safely but Public Storage didn't hold up their end of the bargain.
One of our attorneys will take the time to thoroughly evaluate your case and advise you of your options. Many cases are resolved through a demand letter. You can also require tenants to insure their own belongings; in many cases, their existing homeowners or renters insurance policies will suffice. Heckart signed a rental agreement with the facility and was automatically "enrolled" in the protection plan, after he failed to provide proof of his own insurance. We'll even email a copy of the demand letter to the individual or business you're suing. Does the facility owner have a legal duty to protect my belongings from pests, floods, leaks, fires, or any other hazards? • Answer any questions you may have regarding lien sales.
This is the official state small claims form. The client claimed that she had several antiques and collectibles in the unit as well as photographs of her son and family which were irreplaceable. It is simply the best self-storage insurance on the market (see our blog on self-storage insurance explained). Adjustments to the requirement, frequency or type of advertising needed prior to lien sale. This blog post is intended to give you context.
• Help your employees prepare to defend small claims lawsuits when lawyers are not allowed in court. Furthermore, the questionable advertising, particularly in the offering of specials. To ask for a "driver's license" exposes you to a claim of discrimination. DoNotPay will generate a demand letter or court-filing form for you. These lump sums are an easy target. If you feel like you have a case, the next step is to file a small claim. Legal problems come to everyone. They ARE liable for plain stupidity. Updated June 19th, 2013. Have you switched from asking new customers if they wish to purchase tenant insurance or a tenant-protection plan to requiring it? Depending on the state where the slip and fall accident took place pain and suffering is calculated by using a multiple of the injured person's total medical bills and loss of earnings. Breach of contract claims.
Just the idea of furry creatures scurrying around your unit at night rifling through your things is extremely frustrating. Upon service of a lawsuit, one of the first things you should do is notify your insurance company. Similarly, if the manager goes on vacation or the facility is without a manager at one point for any reason, the owner cannot back up his claim. 3) the tenant request that the requirement to maintain insurance for their goods be waived.