Bailment
Definition
A bailment is a legal relationship created when one person (the bailor) temporarily transfers possession of personal property to another person (the bailee) for a specific purpose, with the understanding that the property will be returned. The bailee has a duty of care toward the property and may be liable for damage or loss depending on the type of bailment and the level of care required.
How It’s Used in Personal Injury Cases
While bailment primarily involves property, it can intersect with personal injury when the bailed property causes harm. Common bailment situations include valet parking, vehicle repair shops, coat checks, storage facilities, and rental car companies. If a bailee negligently damages or operates the bailed property, causing injury to the bailor or others, the bailee may face personal injury liability. The duty of care owed depends on who benefits from the bailment.
Practical Example
George left his car with a valet service at a hotel. The valet driver negligently struck a pedestrian while parking George’s vehicle. The pedestrian can pursue a claim against both the valet service and potentially the hotel for the valet’s negligence. This bailment created a duty for the valet service to exercise reasonable care in handling George’s vehicle, and their breach of that duty caused the pedestrian’s injuries.
Why It Matters to Your Case
Understanding bailment helps identify potentially liable parties when injuries involve property that was in someone else’s possession. If you were injured in an accident involving a valet-parked vehicle, rental car, or property from a repair shop, the business that had possession may share liability. Conversely, if your property was being held by someone who allowed it to cause harm, you should understand your potential exposure.
Key Takeaway
Bailment creates duties of care for businesses holding your property—if they negligently cause injury while in possession of your vehicle or property, they may be liable for resulting damages.