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Civil litigation query regarding storage unit negligence and liability waiver"
Heather Pay (Irricana)
Hello,I am looking for general legal information regarding an Alberta civil dispute involving property damage and a commercial contract.I rented a self-storage unit in Alberta, and a severe building/roof leak caused extensive water damage to my stored personal property due to the facility's apparent failure to maintain the building. I have a copy of the contract, which includes a standard "store at your own risk" liability waiver and a limitation of liability clause.Could you please clarify the following under Alberta law:Does the common law of "Bailment for Reward" or the principle of a fundamental breach of contract allow a consumer to bypass or invalidate these liability waivers if the facility was negligent in their building maintenance?Does the legal burden of proof shift to the storage facility to prove they were not negligent once I establish my goods were damaged while in their possession?Is the Alberta Court of Justice Civil Division (Small Claims) the correct venue to pursue compensation for this type of commercial property damage claim?Thank you for your time and guidance.
A Frustrated Albertan
032 days ago
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