Negligence in a Bailment Transaction as a Cause of Action in New York

Bailment is a legal relationship that arises when someone voluntarily gives their personal property to another person for safekeeping, with the understanding that it will be returned later. In New York, if the person holding the property fails to return it, the property owner may bring a bailment cause of action. This type of claim helps people recover losses when their belongings are misplaced, damaged, or not returned after being entrusted to someone else.

Bailments happen in everyday life more often than most people realize. Common examples include leaving your car with a valet, checking your coat at a restaurant, storing belongings in a storage facility, or handing your watch to a repair shop. Each of these situations involves someone giving over property with the expectation that it will be protected and returned.

Property Was Deposited with the Defendant

The first requirement is that the plaintiff entrusted their personal property to the defendant. This means that the property owner voluntarily handed over control or possession of the item for a limited time, and the defendant agreed, either directly or by implication, to take care of it. The transfer of possession must be clear. Ownership of the property does not change, only the temporary control of it.

For example, if someone gives their luggage to a hotel concierge for safekeeping or drops off dry cleaning at a cleaner, they are creating a bailment.

Defendant Failed to Return the Property

The second element is that the defendant failed to return the property when they were supposed to. This could mean the property was lost, stolen, damaged, or simply not given back. The failure to return the item, especially without a valid explanation, gives rise to the legal claim.

The burden is initially on the plaintiff to show that they delivered the item and that it was not returned. After that, the burden shifts to the defendant to explain what happened. If the defendant cannot account for the item, the court may presume negligence.

For example, if someone checks their coat at a theater and it goes missing, the theater would need to show it took proper care or provide a reasonable explanation for the loss to avoid being held responsible.

Conclusion

A bailment claim in New York protects people who temporarily hand over their belongings to others. To succeed, the plaintiff must show that the property was delivered to the defendant and that it was not returned. Once that is shown, the defendant must explain what happened. This cause of action ensures that people entrusted with someone else’s property handle it responsibly and are held accountable when they do not.

Find the Law

The elements of a bailment cause of action are well-settled: ‘To establish a prima facie case of negligence in a bailment transaction, claimant must demonstrate that his property was deposited with the defendant and the defendant failed to return it . . . Once claimant meets his burden, there is a rebuttable presumption that the defendant is negligently responsible for the loss, and defendant must come forward with proof explaining the loss.” Crenshaw v. State, # 2014-041-027, at *1 (N.Y. Ct. Cl. Apr. 29, 2014)