Liability of an operator for damage to property brought in

31.12.2012

As governed in the Commercial Code, section 433, if the operation of a certain activity is generally associated with depositing of things, the operator shall be liable to the person for any damage to things left at the place intended for such a purpose or at the place where they are usually left, unless the damage would have occurred otherwise. Liability for jewellery, money and other valuables shall be borne only up to the amount of 5.000,- CZK.

The Supreme Court has newly defined what the usually left things and the valuables mean. The meaning of the usual thing results for example from the characteristics of the operator’s facility. A car parked near a hotel can be considered as a thing brought in at the determined or at least at a usual place in connection with using a distant facility. An operator shall be liable for the loss of a car but only up to the amount limited by the law at 5,000 CZK. Under the definition of other valuables also such valuable things shall be subsumed which exceed significantly with their price the value of the thing usually left. In this context, a passenger motor car of a higher value shall be also considered as another valuable.