If you have been a victim of fraud, theft, or other crimes at a public storage facility, you may be wondering if you can file a lawsuit against the company. The answer depends on the specific facts of your case, but in general, it is possible to sue public storage companies for damages.
However, there are some challenges that you may face in pursuing such a claim. Read on to learn more about suing public storage companies and whether it is right for you.
Can I Sue a Public Storage Facility?
Often times, renters of public storage facilities feel helpless if something goes wrong and their property is damaged, stolen or destroyed. However, it’s possible to still pursue legal action and sue a self-storage facility by employing creativity and exploiting what loopholes the rental agreement may have. All too often these agreements strictly limit liability but if you can demonstrate that the facility caused you damages intently or acted with gross negligence, then you may still have a case. It all comes down to having the right evidence, so take your time and investigate if you feel your rights are being infringed upon.
Reasons to Sue Public Storage
If you have stored your belongings in a Public Storage facility, it is important to know that you have certain rights and may sue them under certain circumstances. For instance, if the storage facility breached their contract with you by not keeping your items secure or allowing more damage than you agreed upon, you may be able to successfully sue them. Your renters insurance policy should cover any damages but in the event that it doesn’t cover everything or covers an amount lower than what it should have been, then this could also be grounds to sue. Even if no specific terms were agreed upon, public entities are still legally obligated to maintain a reasonable level of care for tenant’s stored items and any failure on their part can result in legal action.
Water Damage
Water damage can be devastating, causing potentially unrecoverable losses to stored property and items. Fortunately, when it comes to water damage, storage facilities have implemented preventive strategies to ensure no one ever has to deal with the heartache of damaged belongings. They are aware of the potential risks associated with severe weather and flooding, and they take specific steps to ensure their customers’ stored property is safe in all environmental situations. If you find that your items were adversely affected due to a storage facility’s negligence or lack of precautionary measures, you may have legal recourse for compensation. It’s just another reminder of why it’s important to check out any storage facility prior to agreeing on a service agreement.
Fire Damage
Fire is one of the most frightening disasters a business can face, as the potential losses from fire damage can be staggering. In addition to loss of property and equipment, a fire at your storage facility could easily lead to lost income, customer dissatisfaction, and reputational damage for your organization. Fortunately, if negligence on the part of the facility can be shown, you may have legal recourse in small claims court for redress. It’s important to assess the situation objectively, consult with an experienced lawyer, and understand all applicable laws so that you can make an informed decision about how best to file such a claim.
Infestation
When your storage unit becomes infested with pests, the facility is most likely not doing enough to protect its patrons’ belongings. Rodents and bugs are a common problem in self-storage units and it is important you take precautions before storing anything. If the facility did not provide any means of pest control, they could be liable for damages caused by an infestation. It’s always wise to be aware of such risks when considering using a self-storage company.
Theft
Theft is a serious issue, especially when dealing with storage facilities. In the past, these locations have often been the target of robberies, leaving customers feeling vulnerable and scared for their belongings. To ensure that your items are safe, it’s always important to make sure that there is adequate security on-site before you agree to move in. However, if you discover too late that your storage facility didn’t take proper precautions or have adequate protection in place and something was stolen from your unit, it’s possible to hold them accountable in small claims court.
Preparing before your Lawsuit
When you are preparing for a law suit against Public Storage due to negligence, it is important to gather all available evidence.
Reach Out
In times like these when situations get out of hand and a lawsuit may be necessary, it’s always best to start by talking with the facility owner first. Doing this could help you save time and money as it may turn out that the facility owner is willing to work with you to come up with a solution for what occurred. It’s important, however, that all agreements are documented in writing in case legal action needs to be taken down the line. Taking all of these precautions now can help you avoid lengthy, expensive court cases later on.
Gather Evidence
It is essential to have evidence that accurately reflects the value of your property, as it will be taken into consideration during the court proceedings. Collecting this evidence can seem intimidating and overwhelming, but with a few simple steps, you can make sure you are gathering the right type and amount of information necessary to support your position. Start by getting receipts or estimates from an experienced professional who can attest to the true worth of your property; then make sure to document any damage that has been done with date-stamped photographs and witness accounts. These two steps will give you a strong foundation for showcasing your claim in court.
Rental Agreement
It is essential to read and re-read a rental agreement thoroughly before signing. The document may contain clauses that make it difficult or impossible for tenants to seek legal remedies or compensation if damage occurs to their property or belongings. It is important to read between the lines so tenants have a better understanding of what their rights are should high costs incur during their lease. Taking the time to review the agreement can help tenants avoid any unexpected surprises later on and save money in the long run.
Identify the Registered Agent
When a business finds itself the target of a lawsuit, it is important to understand the role of the registered agent. This individual or third-party company is assigned to receive official documents, such as court summons or other legal notices relating to the suit. In order for your small claims paperwork to be properly filed, you must provide the name and address of your business’s registered agent. By having their information readily available, they can help ensure that you do not risk missing a deadline or otherwise falling in default on any pending lawsuit.
Filing a Small Claim Against Public Storage
Filing a small claim can be daunting but its an important step in seeking justice for your dispute. Dispute provides assistance in filing the small claim hassle-free and completely on your own. With Disputes helpful guidance, the process doesn’t have to be overwhelming, nor do you need to pay exorbitant attorney fees. Get the money owed back by confidently taking the next step and filing a small claim!
Send a Demand Letter
Crafting a demand letter is an important step in the legal process, but creating a professional impression can be tricky. In order to assist you in ensuring your document has the best possible chance of getting attention, it is wise to have the demand letter sent on professional letterhead. Companies like ours can help with that; with just a few clicks, we can queue your well-crafted command up for delivery via USPS 2-day priority mail and make sure it arrives on time and intact. Don’t get bogged down with paperwork – let us take care of that for you!
Complete the Necessary Legal Forms to File
Once your demand letter has been sent, filing a statement of claim is your next step. This official form requires various information, such as the courthouse you wish to file in and the reason for the lawsuit. You will also need to include what is being claimed ($), as well as who is being sued with their corresponding address. If you’re going against a business such as Public Storage, you must look up their certificate of doing business in order to make sure it aligns with the county that they operate in. With so many requirements and regulations surrounding this paperwork, it’s easy to make mistakes that prevent successful filing. That’s why Dispute offers a full support team and package options for filing; so you don’t have to tackle it alone.
Serve the Defendant
Serving a defendant is one of the most important steps in filing a claim. Without following the necessary procedure to inform the defendant that they are being sued, nothing can happen with your legal claim. Different courthouses have different regulations for how service should be handled. Some require service through mail and some require hiring a private process server. In other court systems, it is required for the defendant to “answer” the claim and wait for their answer before any hearing can proceed. If you are suing someone, be sure to check with your courthouse to see what their requirements are for proper legal service so that your case is able to move forward accordingly.
Prepare for Court
Preparing for court is important and there are a few things you should do to make sure you have the best chance of winning your case. Before you appear in court, gather any evidence that will support or prove your claim, such as documents, photographs, and statements from witnesses. If any of your witnesses require preparation for their testimonies, be sure to take care of this beforehand. Also make sure to dress appropriately – conservative clothing shows respect for the courts. Finally, show up on time and be prepared to present your case concisely and clearly so the judge can understand it easily. After both parties present their cases, the judge will deliver a ruling; if it’s in your favor then you can start collecting your money.
How to find the right lawyer to help with your case
The process of finding the right lawyer to help with your case can be overwhelming – but it doesn’t have to be. Doing some research and preparing a list of questions beforehand will assist in selecting the most qualified attorney for your needs. Start by talking to friends and family who may have had a similar experience and should be able to provide some insight into their attorney’s performance, or refer one that they would recommend. It is also important to check online reviews and look up local lawyer directories for background information on lawyers who specialize in the type of legal service you require. Once you have narrowed your selection, meet with each prospective lawyer for an in-depth consultation and ask as many questions as you need answered to make an informed decision. Taking time upfront to find the right lawyer could mean less stress and better results later on.
Conclusion
To sue a public storage facility is a serious process that should not be taken lightly. It is important to take the time to properly prepare so that you can increase your chances of success. You should always start by reviewing your rental agreement, gathering evidence and reaching out to different sources who may be able to help.
Next you will want to send a demand letter and then complete the necessary legal forms in order to file your claim. It is very important here that you serve the defendant correctly. Then you will have court proceedings where you must prepare yourself for the outcome if things don’t turn out as planned.
Ultimately, it is very important to consider all your options before initiating this process and finding the right lawyer can help with that decision. With these tips in mind, you are on your way towards taking on an informed lawsuit against a public storage facility if needed.
