Equipment theft

One of our paint vendors left their paint sprayer in a vacant unit. The site manager forgot to lock the unit after leaving. The sprayer was then missing when the painter returned. Who is ultimately responsible? The property manager? The Site Manager?

Hi Nancy. Of course, I am not a lawyer but as a Manager, I am wondering why either the Site or Property Manager would be held liable in this case since the Painter voluntarily left the tool in the vacant apartment? Even if he left it with the expectation that the Manager would ensure its safe keeping by locking a door, I don't know that anyone could reasonably ensure such a thing. Would it be different if the unit had been locked and someone broke in and took it? In my mind, anyone who enters property, even unlocked property, who does not have possession of the apartment or permission to enter is trespassing. Morally speaking, I feel that had the Site Manager offered to allow the Painter to leave his tool behind so he did not have to transport it back and forth, the Property Manager should offer to pay for its replacement, for the sake of goodwill to a valued Vendor. The Painter could also turn in a claim to his insurance company if it would be cost effective to do so. I am sure there will be other opinions on this topic! You could always consult with your company's counsel.

Hello Nancy,

Hindsite of course is 20/20, but any vendor that has any equipent they leave behind, to me is their responsability. Normally I would give them a key and they are responsible for the unit until it is turned back over to me.

Now having said all of that, I would want to know was a police report filed on the stolen item? Then put out to your tenants if anyone had knowledge of someone entering the vacant apartment. I would talk to my maintenance folks and ask them if they have any knowlegde of this machine. All of that said and even if having had a good relationship with the vendor, after I have exhausted every thing I could to assist in finding the item, I would not commit to buying a paint sprayer and have the police report done and like Mindy said, most vendors are going to have an insurance and let them file a claim.

Now if you have a soft heart and want to work with the person, then I would have them produce a paper of when it was put into service and use a depreciation from the IRS table and pay the difference after talking it over with the owners.