Liability for lost property


Questioner

In our case, the wrong coat was mistakenly given to someone in the guarded and paid cloakroom. This was entirely our fault and we would also like to resolve this together with the victim. However, the person whose coat is now missing wants very high compensation, due to the fact that his special bicycle key was in his coat pocket and the lock now has to be broken open. Are we then also responsible for the contents of the pockets? Or should someone indicate this in advance when handing over his coat? He cannot prove that it was in his coat pocket, but he does threaten on the basis of various legal regulations and now also bailiffs (the incident took place last Thursday). I know that we are obliged to pay compensation and that is also very right, but the undertone feels threatening and 400 euros for just breaking open his bicycle and a new lock is simply not right. Can someone tell me where I stand as an entrepreneur? Thank you in advance for your effort.

Lawyer

In principle, you are liable for the damage to the coat, but for the current value. For the keys, he must - however difficult - demonstrate that they were in his coat pocket, so that he cannot negotiate the compensation for the damage to the keys. Here too, there will be no compensation based on the new value, so that the requested 400 euros is exceptionally high. If the damage is covered by any insurance, I advise you to report this to them, otherwise you can arrange this between yourselves for a reasonable amount. For information or assistance, you can contact me free of charge.

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