QUESTION
Can I sue Capital One bank for drilling my Newly opened, active safe deposit box without informing or contacting me? They did accept it was thier mist
Asked on Jul 16th, 2012 on Breach of Contract - Texas
More details to this question:
I opened a safe deposit in Capital one bank in May 2012. I have a checking account with capital one and have been using the account. I went to the bank last friday on 7/13/2012 to acccess my safe deposit to discover that it has been drilled. After an hour of wait and manager panicking she accepts that it was a fault on their behalf that in the system it appeared as abandoned locker and they drilled it. I didn''t recevie any call, email or phone regarding this. They did have my things in a plastic bag BUT some of my items are missing. A LOT of 22K jewelry, diamond jewelry for instance. Now my question is I Can I sue them for contract breaching, their mistake and loss of property ? And honestly it''s just me agains a corporation do how strong is my case?
1 ANSWER
The answer may depend on the provisions of your contract, and also your ability to prove what was in the box and how much it was worth. Many such agreements contain provisions limiting the bank's liability. For example, the safety deposit agreement which you presumably signed may provide that the bank is only liable to a maximum of $100, or only liable in cases of gross negligence. These provisions may or may not be enforceable, depending on the particulars of your case and what jurisdiction's law applies (probably the law of the jurisdiction where the box was located).
Assuming that the bank could be found liable for everything you lost (which, based on the facts you've provided) seems likely, you still may have a tough time proving what was in the box and how much it was worth.
Answered on Jul 16th, 2012 at 6:45 PM