Concord, NC asked in Consumer Law and Products Liability for North Carolina

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.

When the insurance company contact the office they hadn't even filed a report. Now they have increased my storage unit by almost 50 bucks. We have pictures of the locked being broke and none can tell us how long it has been this way.

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: You can sue them, the question is, will you win? First of all, your insurance company may be willing to take the lead on this. It's called "subrogation". They sue the responsible party to try and get a judgment for the money they paid out to you on the insurance claim plus your deductible. If you sue on your own and win and actually collect any money, you will have to pay some of that money back to your insurance company. Whether you can win or not depends upon the "limitation of liability" clause in the storage unit contract. Most companies put in thier contract they they are not responsible for theft or damage. Eve if you can prove that they had a duty to keep the premises safe and they were negligent, the storage company may be able to use this limitaiton of liability clause as a defense to your lawsuit and they may be able to get a Judge to enter a judgment in their favor or dismiss the case. I suggest you talk to the insurance company to see if they are going to take legal action before you file a lawsuit yourself. You also need to consider whether it is worth the time and effort to sue, if all you get to keep if you win is the amount of your insurance deductible.

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