LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Colleague's iMac Computer Stolen from My House - Am I Liable?

Discussion in 'Other/General Law Forum' started by Jason S, 31 July 2015.

  1. Jason S

    Jason S Member

    Joined:
    31 July 2015
    Messages:
    2
    Likes Received:
    0
    Hiya,

    My wife's colleague left his imac at my house without my knowledge and while he was gone, my house was broken into. His computer was still in its box and the thieves basically walked in through my unlocked front door and took it.

    Am I liable and have to replace it? I don't want to claim on my home and contents insurance for obvious reasons but I feel a bit hard done by.

    If I do have to pay then so be it. He knew about our lack of security in the house.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Jason S,

    In circumstances where you didn't even know he had left the computer there, and based on what you have said, I would say no you are not liable. Generally, liability arises where a bailment relationship is formed - for example he gives you the computer to do some technical repairs on it. You are under a duty to the bailor (the colleague) to take care of the bailed goods. However I cannot see how a duty could arise where you had no knowledge the computer was left at your home.

    Interested to hear comments of other forum members.
     
  3. Jason S

    Jason S Member

    Joined:
    31 July 2015
    Messages:
    2
    Likes Received:
    0
    cheers for the reply.. this is ongoing and I want to try and sort it out as soon as possible.

    The fact that I had no intention of using the computer at all is the key factor here. I didn't even report it to the police until my wife came home and noticed it missing. So she obviously knew it was there, and after discussion with her, I discovered she had not been asked or had she offered to look after the computer. The owner was away in another state.

    Maybe some more detail on the circumstance may help.

    This colleague was offered a room at my house free of charge when he started his new job in town as a generous offer on my behalf. He only ever boarded for a night at a time here and there. This was never to be a long term situation. It was mainly to help him get his own house and save him travelling the 100+km every day. We even cooked for him.

    Currently I have offered to go 60/40 in the replacement without looking if I was even liable, but he offended me by saying he would seek legal advice. Hence my feed on this website. I have already placed $1000 into his bank account after a discussion my wife had with him, and he has since changed his mind (he says he didn't agree with it).
     

Share This Page

Loading...