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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3298
Experience:  30 years of experience
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I live as a renter in a condo in Seattle. I had a frozen

Customer Question

I live as a renter in a condo in Seattle.
I had a frozen meat delivery that was going to be delivered while I was out of town.
I checked with the front desk prior to leaving and asked if they were able to accept and keep the delivery frozen. I was told that it would not be a problem and that they had a freezer for perishables that were delivered.
The meat arrived while I was away. The concierge signed for it and it was placed in the freezer. When I returned, I was told that while I was gone, the freezer broke. By the time the concierge realized that the freeze was broken - the meat had thawed.
The building owner will not reimburse me for the $200 of meat that is no longer good.
The building owner's stance is that the freezer was a courtesy and outside of there control that it broke.
My stance is that the delivery was pre-arranged and signed for by the concierge, with a verbal contract that the meat would be kept frozen.
What side does the law take on this?
Is it an issue of improper maintenance/negligence or is it an issue of out of the condo's control circumstance?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. Generally, in the type of situation that you describe the condo management would be responsible for the damage to the property that they agreed to keep for you. When they agreed to accept the packag and hold it, and in fact did so, a "bailment" was created. In a bailment situation the person holding the property is responsible to protect and maintain such property. This link describes bailment in more detail:http://contracts.lawyers.com/contracts-basics/bailment-leaving-your-belongings-behind.html However, If I may give a word or two of caution: the only way to force them to pay is to sue in small claims court. The costs of suing will likely exceed the value (although the court should award you thise costs too). Also if you do pursue this, the condo board may decide not to accept any type of packages on behalf of any of the residents, just to avoid future disputes. In any event I hope you are able to resolve this dispute to your benefit. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you. If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck, Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.