Barney’s Burgers requires that its employees wear uniforms and protective clothi

Question

Barney’s Burgers requires that its employees wear uniforms and protective clothing on the job. Barney’s provides a locker room for the employees to leave their street clothes and personal items while working. A sign on the back of the locker room door states, “Barney’s is not responsible for the loss of any property in the locker room.” Chuck, a Barney’s employee, changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker. When he returns after his shift, the wallet and watch are gone. Does Chuck’s leaving personal items in the locker room constitute a bailment? If so, what type of bailment? If not, what legal relationship is it? Does Barney’s sign exculpate the company for Chuck’s loss? Why or why not?

Explanation / Answer

Chuck’s personal items in the locker room constitute a bailment. Bailment is the transfer of possession, not the title, of the private property by one party to another party. The transfer is done on the condition that the property will be returned to the owner or to a designated person at a future date. Here Chuck has transferred the possession of his jacket along with his wallet and watch to Barney’s Burgers locker room on the condition that it will be returned to him after work. Hence a bailment is created here.

The type of bailment that exists here is bailment for the mutual benefit of the bailor and the bailee. The locker helps bailer Chuck to store his personal items like clothes and also helps the firm Barney’s Berger to ensure that all the employees wear protective clothing and uniform instead of street clothes.

Barney’s sign exculpates the company for Chuck’s loss. In this type of bailment bailee is liable for harm to the property from bailee’s ordinary or gross negligence, but conspicuous signs can be used to limit the liability of the bailee. Hence the on the back of the locker room door which states, “Barney’s is not responsible for the loss of any property in the locker room” would exculpate the company for Chuck’s loss as it would be clearly visible when Chuck tries to keep his belongings in the locker.

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