Liability of the Manager in the event of Bicycle Theft


Questioner

Good day, My mountain bike was stolen a short time ago. I live in a student complex with a shared bicycle shed that is secured with an electronically locking gate and cameras. However, due to a technical defect (which had been known to the manager/landlord for some time) the gate did not close on this particular day and remained open and someone walked in (this can be seen on the cameras) and then cycled out on my MTB. My mountain bike was locked and how that person managed to open the lock is not visible on the images. The insurance company does not want to pay because there are no signs of forced entry. And the police... well, I'm not even going to start on that. It was a custom-made mountain bike of 1000 euros+ so this was a reasonable expense. Now my question is. Can I hold the manager liable for this and recover the damages suffered from them? Kind regards,

Lawyer

If you pay for this security measure, then the administrator is liable for its poor maintenance and any consequential damage that this entails.

Lawyer

Even in the case of an unpaid bicycle shed, the manager can be held liable for the damage. The point is that you could trust that your bicycle was in good hands if the security was at the expense of the manager and he falls short (e.g. due to poor maintenance). You can then also hold him liable in writing. If he does not want to comply with this, you can contact me for consultation.

Lawyer

The manager has not complied with the rental agreement and is therefore responsible. If you wish, you can contact us without any obligation.

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