California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 3 — Deposit, Chapter 2 — Deposit for Keeping, Article 1 — General Provisions, Section 1836

A depositary is liable for any damage happening to the thing deposited, during his wrongful use thereof, unless such damage must inevitably have happened though the property had not been thus used.

Notes

Requires a depositary to bear liability for damage occurring to deposited property during the depositary’s wrongful use of it. Exempts damage that inevitably would have occurred even if the property had not been wrongfully used, so liability under this rule depends on the damage not being unavoidable regardless of the misuse.

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