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  1. #1
    Join Date
    Dec 2019
    Posts
    1

    Default Package Stolen from Unattended Condo Security Desk

    Hi there. I live in a condo building, with a front concierge/security desk. The concierge accepts and signs for packages on our behalf from delivery services, and stores them in a locked room until we're able to pick them up. We have a signed agreement that allows them to sign for packages on our behalf, and absolves them of liability if anything goes missing.

    Recently I had a new phone delivered, and the concierge signed for it. Rather than place the package into the locked room, it was left out on a counter along with other recently delivered packages. The concierge then left to take a break and failed to close the sliding windows to the booth - leaving packages in reach/plain sight of anyone. Unfortunately someone came by, easily reached into the booth and stole a handful of packages - my new phone included.

    We have security footage of the theft - someone simply reaches in and grabs what they can, before leaving. The building refuses to cover the cost of replacing the phone however, as their insurance has a $15000 deductible. They're saying what we signed absolves them of liability. Our argument is that leaving a very easy to lock security desk wide open with packages out and visible is pretty clearly negligent.

    Do we have a leg to stand on? Or are we out a brand new phone?

    Also, for what it's worth I do have renter's insurance and it'd likely cover this. I had to make a claim already this year though, and I'm worried that my monthly payments may go up more than the phone is worth. I'm parallel-pathing this avenue with my insurance broker, though.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,058

    Default Re: Package Stolen from Unattended Condo Security Desk

    Quote Quoting PinataStick
    View Post
    Hi there. I live in a condo building, with a front concierge/security desk.
    In what state?


    Quote Quoting PinataStick
    View Post
    They're saying what we signed absolves them of liability. Our argument is that leaving a very easy to lock security desk wide open with packages out and visible is pretty clearly negligent.
    Your argument is likely irrelevant since any claim you might have would arise out of either negligence or willful/criminal conduct of an employee. That's exactly the point of the "signed agreement that . . . absolves [the building management] of liability if anything goes missing." Liability wouldn't exist without at least negligent, so saying that the concierge's conduct was "pretty clearly negligent" is beside the point.


    Quote Quoting PinataStick
    View Post
    Do we have a leg to stand on? Or are we out a brand new phone?
    Depends on the exact wording of the signed agreement and the laws of your unidentified state.

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