A very polite response from CTA's claim department

After an almost four weeks of waiting and several phone calls to follow up, I finally received a response from CTA's claim department about my second stolen bike in the CTA station. Just as I had expected, they are not liable for my lost even though the bike was stolen inside the building in front of the info booth. Here's the full letter from Patrick for your amusement...

RE: D/A: 7-30-09
L/A: Ashland at Orange Line

Dear Mr. Tang:

Please be advised that we have made a careful investigation of your claim against the Chicago Transit Authority, and have concluded that your damages resulted from the criminal acts of a third party. The CTA takes all crimes incidents very seriously. We continue to re-evaluate our security measures, as well as examine ways to improve the system. It is through these means that we hope to achieve our goal of providing on time, safe, clean and friendly service.

Although, the CTA is both sadden and outraged by the incidents, we cannot compensate you. By law, the Chicago Transit Authority is not liable for damages or losses caused by the criminal acts of a third party. However, the State of Illinois has established a program to compensate innocent victims of violent crimes or their dependents. You may be eligible for this program.

Information on the Crime Victims Compensation Act can be obtained from the following source:
Crime Victim Services Division
Officer of the Illinois Attorney General
100 West Randolph Street, 13th Floor
Chicago, Illinois 60601
(312)814-2581 or (800)228-3368



Very truly yours,
Patrick C. Harmon
Claims Coordinator

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Replies to This Discussion

Permalink Reply by Kevin C Dormant on September 1, 2009 at 3:52am
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?
Permalink Reply by HuanKiat Tang on September 1, 2009 at 12:05pm
It just brought me headache by looking at those bailor(s) and bailee(s)!

Kevin Conway said:
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?
Permalink Reply by cutifly on September 1, 2009 at 12:37pm
I may need you one day . . . .

Ian said:
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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