What Happens After The Damage?
Weighing Responsibility
Navigating these cases requires balancing several elements, including contract evaluation, insurance coverage and potential negligence.
- The contract. Most self storage contracts will (or should) contain clauses that limit liability in the event of property damage. This does not, however, guarantee that liability will be limited. The clause must be carefully drafted and include warranty language about the total value of all contents to be stored in the unit.
- Insurance. The trend today in the industry is that the occupancy agreement requires that the tenant insure the property in the unit up to the claimed value of the property or purchases a tenant protection plan offered by the facility owner. Whether an insurance policy or tenant protection plan is in place, is significant to an owner’s potential exposure on a property damage claim.
- Negligence. Flooding from an intense rainstorm, for example, would be treated differently in a legal context from flooding caused by a persistently leaky roof attributable to poor maintenance or intentional acts that cause damage.
Our attorneys advise and represent businesses that are facing storage unit property damage claims. Our comprehensive understanding of New York storage law informs how we handle your case. Our priority is maintaining the integrity of your business using the legal tools available to us.
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Call today for your free initial consultation with one of our knowledgeable Westchester County lawyers. We are here to answer your questions and provide you with valuable perspective about your options in your case. Contact us at 914-874-5105 or get in touch online for more information.