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Hey another law school question! Locking your bike in a CTA station creates a bailment; i.e. the temporary placement of control over, or possession of, personal property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed. There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee. A bailor receives the sole benefit from a bailment when a bailee acts gratuitously — for example, if a restaurant, a bailee, provides an attended coatroom free of charge to its customers, the bailors. By virtue of the terms of the bailment, the bailee agrees to act without any expectation of compensation.The duty of care that must be exercised by a bailee varies, depending on the type of bailment. When a bailor receives the sole benefit from the bailment, the bailee has a lesser duty to care for the property and is financially responsible only if he or she has been grossly negligent or has acted in bad faith in taking care of the property.
Interesting stuff, eh?
I do criminal defense (Felony, Misdemeanor, traffic, DUI, ordinance violations...), and I hope YOU don't need me even if you find your bike with an unfamiliar rider. My guess is that this is not covered by the property owner - they are almost certainly not liable for crimes that are committed on or near their property and municipal corporations have even greater immunity- you could talk to a civil litigator. Even if there is a claim to pursue, an attorney would typically take this on a contingency and unless the bike was very valuable, wouldn't be worth a professional's time. This is why the courts make small claims (under $10k) court accessible to non-attorneys. Do you have any other insurance or credit card benefits which may fully or partially reimburse you? Good luck and better locks!
Gabe said:Still inside with security present. We have lawyers on here. Guys?
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