"The administration is not responsible." Who is to blame if the stolen things in the locker room
Right / / December 24, 2019
Terms of storage space in the wardrobe registeredArticle 924 of the Civil Code. Storage in the wardrobes of organizations Article 924 of the Civil Code. And the guardian is required to create all the conditions that the thing has not disappeared. So if your coat mysteriously disappeared, it is the organization that you pass it bears responsibility for it.
This is confirmed by judicial practice. For example, in Komsomolsk-on-Amur in the restaurant cloakroom gaveSolution number 2-3179 / 2015 2-3179 / 2015 ~ M-2475/2015 M-2475/2015 of 30 July 2015 the case number 2-3179 / 2015 coat visitor to another customer. As a result, the institution should pay damages.
Moreover, even if the institution or facility is no wardrobe with an employee who takes the clothes and issue number plates, it does not mean that the administration is not responsible for anything.
If there are places specially allocated for storage of visitors, the organization is obliged to take all measures to ensure their safety.
Elena Derzhieva, a leading lawyer of the legal service of the European
In one of the hospitals of Krasnoyarsk patient hung on coat hangers in the wardrobe and went to the doctor. Clothing disappeared, and the woman has filed a lawsuit. Hospital representatives protested their innocence, as clothes and things are not guarded by virtually no one, the patient did not accept. However, the court sidedSolution number 2-2994 / 2018 2-78 / 2019 2-78 / 2019 (2-2994 / 2018;) ~ M-1848/2018 M-1848/2018 of 5 February 2019 the case number 2-2994 / 2018 on the side of the owner of the coat: if there is a place for storage, take care of things the organization needs. However, there is a caveat.
For visitor valuables left in the ground to store clothes, the organization does not responsible. If the visitor forget in his coat pocket wallet, his loss is not obliged to reimburse anyone.
What to do
If an item is missing or corrupted, the perpetrator is obliged toArticle 902 of the Civil Code. Size guardian responsibility to compensate its cost or to compensate for the amount by which its value fell.
In case of loss of things to invite the administrator may be able to resolve the issue peacefully. It is worth to call the police, so that it has fixed the damage. If an organization does not go forward, send a written claim to the name of its leader. It is made in free form, but it should reflect all the circumstances of the incident and the extent of damage, as well as specify the time period during which you are waiting for a reaction.
Need proof that you really sent the document, so you can deliver it to the recipient in two ways:
- Personally bring a claim in duplicate and ask to make a mark on their receipt - with the date, signature and seal of the host organization.
- Send a registered letter with a list of contents.
If there is no response within the specified time, go to court. besides statement of claim will be useful proof that you sent a claim and proof of the cost of the missing items, such as a check. If not, look for witnesses.
The administration is responsible for the clothes you left in the wardrobe. But for the contents of no pockets. If you lost a valuable thing, you can go to the police. But the claims must be presented to the thief rather than to the organization.
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