Originally Posted by Artkansas

BAILMENT

That's the magic word. The store is the bailee, and I am the bailor. I checked with my lawyer friend and of course he confirmed the store's right to do as they please.

But by impounding my backpack, they are creating a state of bailment. While most are "bailments for hire" in which the custodian (bailee) is paid, there is also "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible.

In all bailment situations, the bailee has a minimum duty of care to ensure the safety of the property.

The bailee's standard of care is determined based upon the purpose of the bailment, and whether it is for the benefit of the bailee alone, the bailor alone, or for the benefit of both parties. If the bailment is for the benefit of the bailee alone, then the bailee owes a duty of extraordinary care.

This is the point where I object. I don't think that putting my backpack behind a counter without any kind of claim check system, that may or may not be attended quite reaches the definition of extraordinary care.

I'm contemplating getting a short "contract" drawn up for this. They get my backpack if they sign the contract. Seems fair, but also seems like it's likely to just get me kicked out. I suspect that the "raffle ticket" system may be more acceptable. We'll see what happens.