Question
california i had some tools stolen from a shop that i worked at for 3 years. the guy who rents the space says he has no insurance and wont pay for my tools. do i have any recourse? or am i screwed? i used the tools to work on his equipment daily. he claimes me as an independant contractor, even though i feel that i am an employee. any thoughts? the total cost to replace the tools is approx. $1400.00. and after i mentioned reimbursement, i now have no job.
Answer
My response:
What's your theory concerning his negligence? What were the circumstances surrounding the theft?
IAAL
Answer
the tools were at his place of business, and he was unable to provide security for them. is he liable?
Answer
the tools were at his place of business,
MY RESPONSE: So what?
and he was unable to provide security for them.
MY RESPONSE: I have no idea what that means. That's an ambiguous conclusion. Give me facts. Then, go back to my questions and answer those.
IAAL
Answer
the tools were at his rented property. there is a fence around the property, with a gate. the lock was cut off the gate, tools removed. no security cameras or alarm. lights on motion detector, tools locked in shed within fenced in area. he hired me to work on his equipment at his location. he told me to bring my tools and lock them up at forementioned location. is he liable for replacement of the missing tools? a police report was filed. he does not have insurance.
Answer
the tools were at his rented property.
MY RESPONSE: Irrelevant.
there is a fence around the property, with a gate.
MY RESPONSE: Good. So, there was some modicum of security . . . as opposed to what you said earlier; i.e., "he was unable to provide security for them."
the lock was cut off the gate, tools removed.
MY RESPONSE: Not his fault. Again, there was some modicum of security . . . as opposed to what you said earlier; i.e., "he was unable to provide security for them."
no security cameras or alarm.
MY RESPONSE: So what? There's no law, or duty, or obligation, that says he must provide these things.
lights on motion detector, tools locked in shed within fenced in area.
MY RESPONSE: Once again, there was some modicum of security . . . as opposed to what you said earlier; i.e., "he was unable to provide security for them."
he hired me to work on his equipment at his location.
MY RESPONSE: Good. You had a job.
he told me to bring my tools and lock them up at forementioned location.
MY RESPONSE: Excellent. That was good advice. However, you're the one who is responsible for your own property.
is he liable for replacement of the missing tools?
MY RESPONSE: No. He's not responsible for the criminal acts of third persons. Besides, you had the tools locked up, and there was adequate security. You can't stop someone who is determined to steal. Just ask any Las Vegas casino manager. And THEY have some of the best security.
No, my friend, you should have had your own insurance for your own property. What if your car was stolen off of his property?
IAAL