General Question

mary1961's avatar

I left my bike unlocked in work car park where it was stolen. Can I claim from my employer?

Asked by mary1961 (15points) May 26th, 2011

It is not my usual mode of transport but was worth a lot of money. i reported the incident to the police but there was no cctv and no one saw anything

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10 Answers

FutureMemory's avatar

I seriously doubt it.

WasCy's avatar

Welcome to Fluther.

Let’s put it this way: Which would you rather have, the bike or the job? Let the answer dictate your next move. Keep in mind that choosing one doesn’t guarantee even winning or retaining that one, but it pretty much rules the other one out.

nikipedia's avatar

Unless your employer stole the bike I don’t think your claim is going to get too far. Sorry.

XOIIO's avatar

No, you didn’t lock it it’s your fault.

mary1961's avatar

Would it have made any difference if i had locked the bike

XOIIO's avatar

@mary1961 Not really, the police may have taken more action if someone cut the lock and stole it, but leaving it unprotected makes it spo that it isnt even worth their time.

WasCy's avatar

Most employers that I know who provide parking (in the suburbs, for example) have an “implied disclaimer of liability” for things such as stolen or damaged vehicles. That is, they tell you when you’re hired, “There’s the lot.” They may (or may not) have “security patrols” and even “restricted access” to the lot, and they’ll probably plow it and sand it so that they don’t have to face negligence claims from people who slip and fall, because as a property owner they can’t avoid that potential liability.

But unless they state clearly (and positively) that they have “secure” facilities (a hard claim to make, without fencing, tightly regulated access, checking drivers as they enter and leave, etc.) then they imply only “best efforts” to reduce vandalism and theft. Otherwise, they make no promises and accept no liability (other than “ordinary care” – if you can find someone who saw the security guard give your bike away, or a witness who saw the theft, knew it was a theft, and did nothing, then that’s not “ordinary care”, but negligence or worse) ... they offer you a place to park your vehicle, and you’re allowed to use it while you work.

Some companies might go further and have an “expressed waiver of liability”, which may be one of the countless forms you sign on your first day with the company, maybe without even a second glance. That would be a black-letter statement that “we absolve ourselves of all but ‘normal’ care and oversight responsibility – if you want to park on our lot, then you’re welcome to do so, but it’s your lookout – sign and date here”. In other words, they express their lack of liability and you more than likely accept it. (And if you haven’t signed that, then you’re technically trespassing anyway.)

But if you don’t even lock the bike… no one would even take the claim seriously. They might question how much value such a claimant could offer the company, which is why I responded the way I did at first.

blueiiznh's avatar

No. Doesn’t matter that it was locked, unlocked, sign that said take me, bike, car, inside or outside the building.
It was your personal property. Even if you took the bike inside and put it in your office and locked it, it is not their responsibility.
If it was company property then they claim the loss.
It is your property, your insurance claim to make.

cheebdragon's avatar

If I leave my bike in front of your house and it gets stolen, will you buy me a new one?

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