Decision of Interest

Favorable Decision for
Self Service Storage Operator

In the State of New York, Town of Hyde Park, Justice Court, the Honorable Matthew Fitzgerald recently rendered a decision in the matter of Tracy DeMichiel v. Guardian Self Storage dismissing the claim against Guardian Self Storage with prejudice.

The factual foundation of the case resolved around a relatively new facility for which Ms. DeMichiel was the second customer for a particular room (the testimony established that the previous customer expressed no dissatisfaction with the room), and claimed that the defective construction/maintenance caused a water leak in the roof over her room resulting in substantial water damage to her property.

The claimant presented minimal proof and hearsay testimony which was not permitted. The defendant, represented by its Chief Operating Officer, Kelly Redl-Hardisty, testified as to the lack of notice of any water problem, and after investigation, no leaks in the new roof.

The Court did state that the claimant failed to establish liability or negligence as a result of this, had difficulty with the value of her claim. The significant part of the decision states

"As part of her contract with Guardian, she was required to carry separate insurance on the items that she stored in the rental unit."

The net result is that the claim was dismissed with prejudice as and against the self service storage facility with two caveats by the Judge

". . . if anyone may be responsible to make the plaintiff whole as far as any claim may be established, it would be her own insurance carrier. That is why a person takes out an insurance policy of this nature."

The Court then goes on to state ". . . she should refile her claim with her insurance carrier."

While in an extremely small Justice Court, the case recognizes the requirement and upholds same that the facility does not need to maintain insurance which is both contractual in nature and statutory in nature and upholds that provision of the occupancy agreement.

The operator was extremely zealous in its defense of the claim and the operator's insurance company bearing all costs for the defense of the claim.

The decision (not reported) is the first of its kind in New York State ratifying the need to maintain one's own insurance.

Any further information requests can be directed to counsel.

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