Shurgard's Liability and Legal Implications - Law Assignment Analysis

This case study examines Shurgard's liability, focusing on the legal implications of its actions concerning personal property storage. It delves into the principles of bailment, contract law, and exculpatory agreements, analyzing whether Shurgard should be held liable for the loss or damage of stored items. The analysis references the English Common Law and relevant legal precedents, including Wagenblast vs. Odessa School District. Furthermore, the study considers the 'Washington State Self-storage Act' and its impact on Shurgard's responsibilities. The conclusion explores whether Shurgard, as a non-professional bailee, is obligated to provide protection or insurance for the stored property. Overall, the assignment provides a detailed overview of the legal arguments and considerations surrounding Shurgard's liability in the context of self-storage services.

Shurgard's defence on the issue “Does Shurgard
think it should be able to limit its liability”
 As per the English Common Law, ‘Bailment’ means that a person has temporary
placement of the control over or the possession of the personal property ("Bailment
and the Property/Contract Interface”). In bailment, the personal property is not
intentionally transferred in exchange for something valuable, but the transfer of
custody or possession is involved in this. Since Shurgard did not transfer either
custody or possession, so he was not the professional bailee and thus no public policy
got violated by him.
 It is mentioned in the ‘Contract law’ that the exculpatory agreements are those
documents that protect the people and the business from the claims that arise from
negligence. There are some businesses that have unique liability exposures and thus
they can’t operate profitably without the protection afforded by these agreements.
Since these agreements were established by Wagenblast vs. Odessa School District,
so no public policy was violated and the limitations for the liability for the ordinary
negligence could be included in the lease.
 The Washington ‘State Self-storage Act’ does not requires the person who is not a
professional bailee to provide any kind of protection like insurance etc. If the personal
property of the occupants gets disappeared or stolen. He is not held responsible for
that. So, when Shurgard was not a professional bailee, so he was not liable to provide
any protection to the occupant.

References:
Newman, Christopher M. "Bailment and the Property/Contract Interface." George Mason
Legal Studies Research Paper No. LS (2015): 15-12.