Legal Definitions - involuntary bailment

An involuntary bailment occurs when a person (referred to as the bailee) comes into possession of another person's personal property without actively seeking or consenting to take possession of it. Unlike a voluntary bailment, there is no intentional agreement or contract to hold the property. Despite the lack of an intentional agreement, the law often imposes certain duties on the bailee to care for the property and eventually return it to its rightful owner (the bailor). This situation arises unexpectedly, placing the bailee in a temporary custodial role by circumstance rather than by choice.

Here are a few examples to illustrate an involuntary bailment:

• Lost Wallet Found on the Street: Imagine someone is walking down the street and discovers a wallet lying on the sidewalk. They pick it up to prevent it from being stolen or damaged.

  Explanation: The person who found the wallet is the bailee. They did not intend to take possession of someone else's property, but they now have it. The law imposes a duty on them to take reasonable steps to protect the wallet and attempt to return it to its owner (the bailor).

• Item Left Behind in a Taxi: A passenger exits a taxi, accidentally leaving their laptop bag on the back seat. The taxi driver later discovers the bag.

  Explanation: The taxi driver is the bailee. They did not agree to hold the laptop bag, but it is now in their possession. They have an involuntary bailment and a legal obligation to safeguard the bag and make reasonable efforts to return it to the passenger (the bailor).

• Misdelivered Package: A delivery service mistakenly drops off a package addressed to your neighbor on your doorstep.

  Explanation: You are the bailee. You did not order the package, nor did you agree to hold it for your neighbor. However, it is now in your possession. You have an involuntary bailment and a duty to protect the package and take reasonable steps to ensure it reaches your neighbor (the bailor), such as informing them or placing it on their porch if appropriate.