Scenario Number 9
Fiona leaves an expensive bracelet with a jeweller who agrees to repair it. When she returns to collect her bracelet, she finds it has been stolen in a burglary from the jeweller's shop. She wants compensation but the jeweller's insurance does not cover this incident. Fiona feels that the jeweller must pay to replace her bracelet.
Is she correct?
Answer
When Fiona left her bracelet at the jeweller, they had a duty to take reasonable care of her property. This included taking reasonable precautions against theft. Because he was a jeweller, who would have small but valuable items in his safekeeping, he would have to take special precautions such as storing items in safes, having theft proof locks and other special security measures. If the jeweller did not have reasonable security procedures or was negligent - perhaps not locking items away safely, then Fiona would have a claim against him because he had not taken reasonable care of her bracelet. Fiona should also check to see if she could claim for the theft under her own house insurance policy.