ement to create bailment,(2) delivery of property in good condition,(3) bailee's acceptance of property, and(4) bailee's failure to return property or returning property in damaged condition.Am. Ambassador Cas. Co., 205 Ill.App.3d 879, 563 N.E.2d 882, 229 Ill.Dec. 728; Kirby, 82 Ill.App.3d 1113, 403 N.E.2d 720, 38 Ill.Dec. 489.-2-When the bailee has failed to return the property or returns the property in a damaged condition there is a presumption of negligence. The bailee must provide evidence to support a finding that he was not negligent in maintaining or returning the property. Am. Ambassador Cas. Co., 205 Ill.App.3d 879, 563 N.E.2d 882, 229 Ill.Dec. 728; Kammerer v. Graymont Hotel Corp., 337 Ill.App. 434, 86 N.E.2d 383 (1949); Miles, 289 Ill. 320, 124 N.E. 599. In a gratuitous bailment relationship, the bailee owes the bailor a duty of reasonable care. Am. Ambassador Cas. Co., 205 Ill.App.3d 879, 563 N.E.2d 882, 229 Ill.Dec. 728; Miles, 289 Ill. 320, 124 N.E. 599. In James Coates Motors, Inc. v. Avis Rent-A-Car System, Inc., 19 Ill.App.3d 919, 312 N.E.2d 291, the plaintiff sued defendant to recover the cost of an automobile that was stolen while in defendant's possession. The defendant's evidence to rebutt the presumption of negligence was that it had stored the bailors' property "in a fenced and guarded lot." The court heldthere was insufficient evidence to support overcoming the presumption of negligence.In Kammerer, 337 Ill.App. 434, 86 N.E.2d 383, plaintiff sought recovery against defendant for money stolen from a safety deposit box that was entrusted to defendant. Defendant alleged that is used due care in maintaining the safety deposit boxes. The safety deposit boxes were kept in an area where anyone had access to them. Therefore, the court held that defendant failed to overcome to presumption of negligence. In Bennett v. O'Brien, 37 Ill. 250 (1865), the plaintiff loaned the defendant a horse to use. The foll...
