Budget Self Storage is a supporter of the non-profit group CASA (Community Action Stops Abuse). CASA is a St. Petersburg, Fla.-based organization that provides refuge, food and clothing to battered women and children.

Established in 1977, the non-profit organization operates a shelter, assists with transitional housing, and offers a variety of individual and family support programs.

Budget Self Storage operates more than 40 facilities in Florida, North Carolina, South Carolina, and Ontario, Canada.

A self-storage customer in Trenton, N.J., was robbed at gunpoint Dec. 26 by a man who demanded money. The victim gave the suspect approximately $1,400 in cash.

The robber then fled in an unknown direction. No description was provided.

The incident occurred within 15 minutes of an armed robbery at a nearby gas station, but police believe the second incident is unrelated to the self-storage facility holdup.

Budget Self Storage in St. Petersburg, Fla., is lending its facility to help the environment by becoming an official drop-off location for recycling and proper disposal of computers, cell phones and other electronic devices. The service is free to the public.

Budget Self Storage operates more than 50 facilities in Florida, North Carolina, South Carolina and Ontario, Canada. The St. Petersburg storage facility recently came under new management and renovation.

Six vehicles were destroyed during a fire at a self-storage facility in Nashville, Tenn.

The fire began around 9:30 p.m. Wednesday at U-Store-It Self Storage of Nashville. The facility is located at 1202 Antioch Pike.

When firefighters arrived, they discovered six vehicles engulfed in flames. Nashville Fire Department spokesman Ricky Taylor said the vehicles were a total loss.

The cause of the fire is still under investigation. No one was injured.

USSelfStorageLocator.com, a self-storage locator and rental-search engine, recently launched. The new search engine locates self-storage facilities from its nationwide database and enables users the ability to choose and rent from a desired self-storage location. USSelfStorageLocator.coms online rental system allows the storage seeker guaranteed availability of the unit chosen.

We have custom built a cutting-edge search engine capable of instant displays of mass facilities within a specified distance, giving the consumer the advantage to compare features, sizes and prices, said CEO Victor Dante.

USSelfStorageLocator.com offers registered self-storage operators the ability to post the features of their facilities and also offers call-tracking data. Registered operators can customize their listings by uploading pictures, create Web coupons and list monthly specials. Complete data reports with illustration graphs and charts are also available.

USSelfStorageLocator.com also offers integration with Open Tech Alliance through its Insomniac Self Storage Network. Changes within facilities are constant, therefore the system updates periodically all changes made in the participating facilitys management software, creating a flux of up-to-date inventory and prices.

USSelfStorageLocator.com also provides a tracking phone number to all verified facilities in its database. This distinctive number will allow facility managers or owners to review calls and use the recordings for training and quality-control purposes.

This feature alone is worth signing up for, said COO Tony Prada. The results page was strategically built to randomly select a facility each time a search is initiated or the search results page is refreshed, and will display a banner ad on the left side which will move up or down as the person searching scrolls the page.

USSelfStorageLocator.com currently lists more than 45,000 facilities nationwide.

Confusion about the identity of a man arrested for owning and storing an arsenal of weapons at a New York self-storage facility has led authorities to request DNA tests.

The man, who calls himself James ODonnell, 39, was arrested March 16 on eight counts of weapons possession and an ammunition possession offense. When arrested, ODonnell was carrying two firearms and a dagger. Police then searched a unit ODonnell rented at Manhattan Mini Storage and discovered an arsenal of guns, ammunition and knives. Hes being held on $2 million bail.

Now authorities are questioning ODonnells identity. There is no Social Security number or official form of identification to match him to a real person, according to authorities. Manhattan Supreme Court Judge Lewis Bart Stone said during ODonnells court appearance Thursday theres concern about ODonnells previous whereabouts and activities.

ODonnell, who speaks with an accent authorities have yet to decipher, has been traced to Germany, where he allegedly has a robbery conviction, prosecutors said.

The judge has given O'Donnell a Feb. 20 deadline to consent to the DNA test. If he refuses, the court may force him to submit to the test.

By Anita Setnor Byer

Self-storage operators are not immune to slip-and-fall liability. While the volume of foot traffic at a self-storage facility may not reach that of other types of businesses, customers must still enter the premises to store, access and retrieve their property. As a result, an exposure to this type of liability exists, and facility operators must take this risk seriously.

Slips and falls are typically caused by transitory foreign substances, meaning any liquid or solid substance or object that doesnt belong on the floor. Many believe the hazards caused by these items are more likely to occur in restaurants or grocery stores where spilled foods or beverages create dangerous conditions. However, the likelihood of transitory foreign substances shouldnt be overlooked in a self-storage setting where customers store and move various items that, if not properly cleaned, can create a dangerous condition in the common areas. Consider these scenarios:

• A tenant spills an oily substance on the floor when moving automotive parts out of his unit; another tenant then slips on that spot and falls, hurting his back.
• A tenants friend slips in a puddle of water that accumulated in the common area when another tenant propped a door open during a rainstorm and forgot to close it upon leaving.

In light of this risk, self-storage operators must know their duties under the law with regard to protecting those on their premises from hazardous conditions, as well as protecting their business against any potential lawsuits.

Follow the Law

Slip-and-fall cases are traditionally based on the principle that a business owner invites others to enter the premises for the purpose of conducting business with him. Legally speaking, this person is considered an invitee and, under common law, a business owner owes a legal duty to protect him from hazardous conditions.

The general duty can be restated in the following manner: A possessor of land (in this case, a self-storage operator) is subject to liability for physical harm caused to his invitees (tenants and visitors) by a condition on the land only if:

• He knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk to such invitees.
• He should expect that they will not discover or realize the danger, or will fail to protect themselves against it.
• He fails to exercise reasonable care to protect them against the danger.

Its important to note each states common law may have its own peculiarities with respect to defining the precise duty owed by the business owner. Additionally, some state statutes may modify not only respective duties, but methods of proving slip-and-fall cases in court.

For example, a new Florida statute provides that its the claimants obligation to prove the property owner had knowledge of the hazardous condition. This statute was enacted to legislatively overrule a Florida Supreme Court case that essentially gave claimants the benefit of a rebuttable presumption. As a result, in such jurisdictions, self-storage facilities are no longer on the hot seat in terms of overcoming negative presumptions.

In the context of a transitory foreign substance, such as leaked oil or a puddle of water that has not been cleaned up properly, its fair to assume that, in many cases, the substance will create an unreasonable risk to individuals who would not discover it unless brought to their attention, thereby typically satisfying the second element. Similarly, if the self-storage facility failed to clean up the slippery substance, or otherwise failed to warn tenants and visitors of the dangerous condition despite knowing of its existence, its fair to say the third element would also be satisfied.

That leaves the first element: Whether the self-storage operator knows of, or by the exercise of reasonable care would discover, the dangerous condition. Although proving knowledge of a hazardous condition can be problematic in some cases, the stickiest issue is usually the determination of whether the self-storage operator should have discovered the dangerous condition before it caused injury to a tenant or visitor. This issue implicates the duty to inspect the premises, which generally requires the business owner to exercise reasonable care to discover dangerous conditions.

Unfortunately, reasonable care is not a fixed concept with defined characteristics. Precisely whats considered reasonable in any given situation depends on the circumstances, so that behavior constituting reasonable care in one case may be considered negligent in another. Its this dependence on external factors that precludes a universal, one-size-fits-all approach to meeting ones duty to exercise reasonable care.

Be Proactive

In the absence of clear-cut standards of behavior, what can a self-storage operator do to defend against slip-and-fall liability? In the context of discovering a hazardous transitory foreign substance, he may exercise reasonable care by inspecting the premises to identify and remedy any dangerous conditions. However, the extent to which the premises must be inspected depends on the particular facts and circumstances.

For example, reasonable care demands more frequent inspections of the common areas during periods of elevated activity. Similarly, areas within the facility that experience increased traffic, such as the office, should also receive increased scrutiny.

There are also other factors that may help define the extent to which the premises must be inspected. Is there a tenant with a history of handling slippery substances or not cleaning up after himself? Is there a particular time of day or year when the facility is more likely to be left in disarray? Is there an area that accumulates water or other transitory foreign substances? Answering these questions could reveal previously unidentified risks.

After considering conditions unique to your facility, including any relevant history and experience, you can make some conclusions on whats reasonable. For example, would a jury agree it was reasonable to inspect the common areas, such as the office or parking lot, twice a day or twice a month? Was it reasonable to conclude that an area with a history of flooding did not require additional inspections after a rainstorm? Was it reasonable to not require additional inspections of the area next to units occupied by tenants who routinely work on their cars?

While undertaking this secondary level of analysis will not guarantee protection against slip-and-fall liability, it can assist in the development of inspection-related policies and procedures geared toward protecting tenants and guests from any hazardous conditions which shouldve been discovered by exercising reasonable care.

Finally, once you have inspection-related policies and procedures in place, including those recommended by your attorney or required by applicable law, you need to communicate them to your staff. Supervisors must remain attentive to ensure the policies and procedures are strictly followed and documented. Employees should know their failure to follow these policies and procedures could result in disciplinary action.

Though often overlooked, self-storage facilities have a duty to exercise reasonable care to discover dangerous conditions before an injury occurs. Its in precisely this circumstance that many operators find theyve failed in their duty and, consequently, land in a courtroom. Those who fail to understand and adhere to this duty before a slip-and-fall occurs, may have to endure the unfortunate experience of having a jury decide what was overlooked afterward.

Anita Setnor Byer is president of Setnor Byer Insurance & Risk and founder of The Human Equation, a risk-management and human-resources enterprise providing online training and solutions. She has served as an independent consultant and risk-management advisor since 1997, and has authored numerous publications and training content in risk-management and human resources. To reach her, call 888.253.8498; e-mail [email protected] .

Manhattan Mini Storage, with 17 self-storage locations throughout New York City, is collecting coats for the 22^nd annual New York Cares Coat Drive. New or used coats can be dropped off at any of the companys locations through Jan. 14.

Manhattan Mini Storage has just successfully completed a holiday toy drive for children in conjunction with Partnership for the Homeless. The company regularly participates in charitable work and recently published a blog recommending several charity ideas to New York readers including:

• Give a gift of PETAs (People for the Ethical Treatment of Animals) Holiday 2010 Rescued Calendar, featuring beautiful photographs of animals alongside their rescue stories
• Purchase holiday cards from the The Doe Fund Inc., which develops and implements programs to help break the cycles of homelessness, addiction and criminal recidivism
• Drop change into one of the Salvation Armys many donation buckets.
• Help gift wrap packages for seniors at various Barnes & Noble locations during the month of December. The effort is an initiative of the Dorot Foundation, a nationwide nonprofit organization that specializes in elderly assistance.
• Find a charitable program through New York Cares. The groups website helps you find resources based on your personal schedule.
• Participate in Only Make Believe, a program that allows you to organize events, dress up in fun costumes and bring smiles to the faces of children in hospitals and care facilities.
• Join a Visions knitting circle, which creates gifts for the blind or visually impaired.

Approximately 1,500 toys earmarked for needy children this Christmas were stolen from locked PODS (Portable On Demand Storage) containers in Burlington, Mass., on Dec. 18. The news sent St. Joseph/Harvest of Hope Food Pantry and other local charities into a panic, but the community rallied to save the day.

After about $15,000 in giftsmostly expensive electronic items for older childrenwere stolen from storage containers in a warehouse parking lot, the St. Joseph pantry worried that it would not be able to fulfill its promise to provide toys for 700 of the 800 families on its list. Though it received emergency donations from other organizations, it only had toys for children ages 0 to 5.

As soon as he heard the news, pantry chairman John Boris began contacting local businesses for last-minute donations. The U.S. Marine Corps Toys for Tots said it would attempt to replace the order but could give no guarantees.

Community members pitched in to help. A middle-aged couple donated $500 to the pantry. Another couple gave more than a dozen Walmart gift cards. Countless others came in with toys, clothing and other gifts.

Toys for Tots also received an outpouring of support in response to the theft. As of Dec. 21, the program had collected $65,000 in donations, including a check for $15,000 from the CEO of a South Shore software company.

The theft is being investigated by state and Burlington police.