Niall_McIntosh said:
Raywood said:
The dealer would only be responsible if he was negligent. As a bailee he is required to take the same level of care of the goods in his possession as would a sensible owner. Without far more detail of the loss it is not possible to say for certain if he is responsible, but on the brief details given I doubt it.
Dealers do vary as to fitting wheel clamps and the like but given the lengths the thieves went to for this specific caravan I do not see that one would have affected the outcome.
The dealer does not have absolute liability for goods in his possession and will normally have insured only against legal liability.
The dealer may accept responsibility as part of their normal terms and conditions (or usual market practice) and this would enable him to arrange insurance for property in his custody or control. Theft insurance, for example can include property in the insured's custody or control. Wider cover, on an All Risks basis is also available.
Then why don't storage sites do it. You are paying them to look after your caravan for protracted period. Storage is the main part of their trading business, yet if they fail to look after your property (for example, they allow someone on site who damages your van, or their security is breached and you suffer a loss, how can they exclude themselves from liability.
For a dealer doing a service or repair, storage is not their main stock in trade, yet they accept the burden of liability for customer loss or damage. Its a mad world we live in. :S
they ?