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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I just have a general question about what options are available

Resolved Question:

I just have a general question about what options are available to me.

I have been renting a storage locker in the Edmonton area for the last 7 months, and upon returning to the locker to retrieve my belongings I discovered that over a thousand dollars worth of my stuff had been ruined by mice. This does not include the hours of cleaning that I and my SO have put in to try and reclaim the remaining items contained in said locker. After being informed of the infestation, the company reps informed me that the insurance that I had been paying into for the past 7 months through their organization did not cover damage incurred through rodent infestations.

What can I do in this situation?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.
Does the storage locker contract you first signed mention anything about responsibility for loss or damage of stored items?
Customer: replied 1 year ago.

I am not sure, just give me a moment


 

Customer: replied 1 year ago.
Relist: Other.
There is mention of what is included in the protection plan that must be purchased in addition to the cost of the storage rental, but as for the actual contract, I do not have a copy of that in my possession. When this topic has been raised with company representatives, they are adamant that they are not responsible for damage from mice, and that it is not covered.
Expert:  Daniel Freudman replied 1 year ago.

It doesn't necessarily matter if the representatives are 'adamant' that they're not liable. What does matter is what is said in the storage contract.

If the contract states something along the lines of "[Storage Co.] is not liable to any extent for any loss or damage to property stored, howsoever caused", then you are likely out of luck if insurance does not cover it, since the storage company has waived any liability and you agreed to such upon signing the storage contract. However, if there is no such clause in the contract which abated the storage company's liability, then you should be able to claim against them the amount for which you're out of pocket. You could strongly argue that, in agreeing to hold your properly, they owe you a duty of care to take care of your property and ensure it does not get damages. By letting mice in, they have breached their duty to take proper care of your goods, and this breach caused you damages (monetary and property loss). In other words, you could argue that they were negligent. Alternatively, you could argue that they breached the contract to properly store your goods, since they allowed your goods to be damaged.

 

In any event, if there is no waiver of liability on their end, you could claim against them the monies you are out of pocket or the damage you suffered, as well as interest and legal costs.

 

 

Hopefully that is of assistance.

 

If you are satisfied with my answer, please provide me with a positive rating so I can receive payment. Thank you.

 

DISCLAIMER: My communication is general legal information only and is not intended to be relied upon. This information is not legal advice, nor is it a substitute for such, and if you are seeking legal advice then it is recommended that you retain an attorney. There is no guarantee as to the accuracy of this information, nor shall I be held liable for any claim, demand or damages, actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected to this information or the issue it pertains to. No solicitor-client relationship has been created by this communication.

Customer: replied 1 year ago.

So, basically, if I the contract reads that they are not responsible for any damages that my occur over the course of my rental term, and I have signed saying that I accept these provisions then I am SOL? Are there any other routes that I can take with this? I will have to review the contract to see what it contains but if that is the case, is there anything else that I can do to follow this up?

Expert:  Daniel Freudman replied 1 year ago.

Yes, if the rental provisions preclude them for any sort of liability, and the insurance doesn't cover it, then you unfortunately seem to be out of luck. You could always try suing but your chances would likely be pretty low since these storage places (including parking garages, etc.) often draft the contracts to protect themselves from any sort of liability, even if they're clearly at fault.

If such is the case, you could try an internal appeal through the insurance to plead for them to reconsider, but if that fails, then again it comes down to litigation and if there's something in the contract precluding them from coverage of this sort then your chances at recovery are slim.

 

But in any event, yes it would be wise to thoroughly review the contract to see what recourse may lie within it.

 

I know that's probably not what you were hoping to hear but hopefully that is of some assistance.

Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 816
Experience: Lawyer
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