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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My bike was stolen out of my workplace bike shed but my store

Resolved Question:

My bike was stolen out of my workplace bike shed but my store manager says I'm not covered do I have any rights?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
By whom were you hoping to be covered?
Customer: replied 1 year ago.
I thought I would be covered by the company as my bike was stolen from the company bike shed but my manager told me that I couldn't claim off their insurance as it wasn't in the store but had been told by the same manager to store are bikes in the company bike shed so I didn't know weather I had the right to claim for the loss off their insurance for my bike as theirs no sighs say that the bikes are left at your own risk or anything like that. So I just wanted to know what my opinions were.
Expert:  Jo C. replied 1 year ago.
Those signs are completely worthless usually anyway. Either they assert something unlawful or they just say what the law will imply anyway.
The absence of signs does not create liability on their part I'm afraid.
Whether they are liable will come down to two things. Firstly what their insurance policy says. Secondly the nature of the building.
If the building is secure and locked and they encourage you to bring your bike to work then it might be possible to argue that they became a bailiee of the bike and so were liable to you. It isn't a very good argument but it is there.
If it is open and exposed then I'm afraid realistically the liability does not attach to them.
Then you would have to drop down upon viewing their insurance policy to see what is or is not covered. It is quite unlikely that it extends to staff bikes but it may be.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
The bike shed is a fenced off inclosure with a padlocked gate but no roof. If the bike itself wasn't locked up inside would it make any difference?
Expert:  Jo C. replied 1 year ago.
There could be a reduction for contributory negligence.
You could try to argue that they are bailees of this bike and so have a duty to look ater it but it isn't the best point I'm afraid.

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