My luggage, documents and money has been stolen during a stay in a hotel
by a hotel employee. The police caught the thief, but
could not recover the property. What chances do I have in recovering
the losses from the hotel, for example, in a small claims court?
Many thanks,
Alex.

>What chances do I have in recoveringthe losses from the hotel, for example, in a small claims court?

Hotels generally post disclaimers stating you are storing your stuff in the
room at your own risk. So that's one problem you will run into. However, it
does make a difference that their own employee stole your stuff.
*****
Tim Horrigan <horrigan@aol.com>
*****

"Alex" <agordon10@yahoo.com> wrote in message
news:58e3g0h17049lc17n15io48rd4fs6umfm2@4ax.com... My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court? Many thanks, Alex.
I had a furniture delivery person steal some of my personal property. The
furniture company would not reimburse me until the police ran a background
check on the person and it was determined he was a convicted felon. If that
is the situation in your case, the hotel can probably be sued for negligence
in hiring known criminals. Ask the police to help you check the criminal
record of the thief. The hotel will probably settle (unless they are
stupid).

If that does not work, contact the local consumer affairs reporter at a
local TV station. Hotels hate bad publicity and they will probably settle.

>>>>> On Fri, 23 Jul 2004 21:38:30 -0400, Alex ("Alex") writes:

Alex> My luggage, documents and money has been stolen during a stay
Alex> in a hotel by a hotel employee. The police caught the thief,
Alex> but could not recover the property. What chances do I have in
Alex> recovering the losses from the hotel

Were your valuables in the hotel safe, or just in your room?
Did the employee have a previous criminal record?

Alex wrote: My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court?

Court is not a probability game like dice so one cannot calculate chances
like if you post chance of turning cards in alt.math.recreational. I will
say that if you have not made a contribution to negligence here, I think you
should make a recovery of your loss. I am wondering why you are going to
court anyway. Have you bothered to make a claim using the normal channels?
First there is the direct request through the hotel itself. Obviously they
know of the loss so what do they say? I would think they are covered through
their carrier and I think they are liable for losses caused by their agents
(employees). Then there is your homeowners or renters insurance. Have you
spoken to your agent? Your carrier can handle this through its subrogation
department and you don't need to mess with suing anybody.

Maybe you do need to file a suit, but that should be your last resort. IMO,
your 'chances' (here I go) of getting a fair recovery is very high.

-paul
ianal

Alex wrote:
My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court?

There are two issues to consider. Many, if not all hotels have a
stated policy that valuable should be kept in their safe. If that is
not done, they may not be responsible for your loss.

On the other hand, if the theft was by an employee of the hotel, they
may be liable vicariously - in other words, responsible for what their
employee did because he was an employee at the time.

I'd think your chances in small claims court are pretty good.

Stu

news:<58e3g0h17049lc17n15io48rd4fs6umfm2@4ax.com>... My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court?

Were you negligent in any way? For example, did you leave certain
valuables in the hotel room against their recommendation? I realize
you can't be expected to take all your luggage with you every time you
leave the room, but things like wallets, cameras and vital documents
shouldn't be left in the room when you or another responsible person
isn't there. Was there a disclaimer of any kind on the hotel room
door?

Also, did the hotel knowingly hire an employee with a criminal record?
You definitely have a strong case against them if this is true.

Also, what state did this happen in? I believe that MD, DC, VA, NC and
AL still follow the "contributory negligence" standard with regard to
torts, which denies plaintiffs any recovery whatsoever if they were
the slightest bit negligent. Most states follow a "comparative
negligence" standard which simply reduces your potential recovery on a
percentage basis (the percentage being how negligent you were).

Of course, hotels often like to settle these things and keep them out
of court, avoid the bad publicity. If you offer them a reasonable
settlement, there's always a good chance they'll take it (no
guarantees on that though).

Good luck.

---Chris J. Disclaimer: No attorney-client relationship exists here
and posting is in the matter of general legal advice only. Persons
are advised to contact their own attorney.

agordon10@yahoo.com (Alex) wrote in message
news:<58e3g0h17049lc17n15io48rd4fs6umfm2@4ax.com>... My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court? Many thanks, Alex.

I appreciate all the replies.

The hotel didn't have a safe available, but rather a locker room,
and the guests have been encouraged to use it to store
the valuables. Guests could only visit the room when accompanied
by a hotel employee. The luggage was stored in that room. Unfortunately
I forgot to take my wallet with me and left it in the luggage.

The manager of the hotel was asked by the police officer whether
they have run a background check before hiring, and the answer
was "no". However hotel's lawyer who arrived a little later
said that the background check has been done.

I have tried to discuss the matter with the hotel's lawyer, but
she flatly refused any compensation and was very unhelpful in general.
I'll try calling my insurance to see if they could help;
I do consider small claims court as the last resort.
Many thanks,
--Alex.

In article <kn7bg05tn4e2tg92ohm3orldhh99api1rd@4ax.com>,
Stuart Bronstein <spamtrap@lexregia.com> wrote:There are two issues to consider. Many, if not all hotels have astated policy that valuable should be kept in their safe. If that isnot done, they may not be responsible for your loss.On the other hand, if the theft was by an employee of the hotel, theymay be liable vicariously - in other words, responsible for what theiremployee did because he was an employee at the time.

The hotel I recently stayed in in Columbus, Ohio had a notice on
the room door quoting state statutes which codified the rule
described above. Unlimited liability for employee theft, limited
liability for items in the safe, no liability for items in room.

--
John Carr (jfc@mit.edu)

In article <7n7bg0lcu5cjf8e57vc3s4gefrjn6q8fh9@4ax.com>, "Paul Cassel"
<paul1@abq.com> writes:
Court is not a probability game like dice so one cannot calculate chanceslike if you post chance of turning cards in alt.math.recreational. I willsay that if you have not made a contribution to negligence here, I think youshould make a recovery of your loss. I am wondering why you are going tocourt anyway. Have you bothered to make a claim using the normal channels?First there is the direct request through the hotel itself. Obviously theyknow of the loss so what do they say? I would think they are covered throughtheir carrier and I think they are liable for losses caused by their agents(employees). Then there is your homeowners or renters insurance. Have youspoken to your agent? Your carrier can handle this through its subrogationdepartment and you don't need to mess with suing anybody.Maybe you do need to file a suit, but that should be your last resort. IMO,your 'chances' (here I go) of getting a fair recovery is very high.

Perhaps it's not a bad idea to file the suit first, then to go through all the
bureaucratic channels, if there would still be any need for it.

When my air carrier lost one of my luggage, they sent me from one office to
another for a few weeks; after two months they asked me to fax copies of
everything, including my seat in the airplane (Who keeps those small tickets?).
Gradually, I lost interest in ever being compensated for my loss, considering
my peace of mind more valuable than all the things I listed twice and I faxed
and emailed to various departments.

Had I filed a complaint in a small claim court, I would have gotten at least a
minimum amount with less aggravation, one way or another. If they would have
been slapped with a summons (instead of whining) they wouldn't have time to
give me the bureaucratic run around.

In article <sm7bg0hi1r0cu2nmssegsrve0bv762smij@4ax.com>, "Mark A"
<nobody@nowhere.com> writes:
"Alex" <agordon10@yahoo.com> wrote in messagenews:58e3g0h17049lc17n15io48rd4fs6umfm2@4ax .com... My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court? Many thanks, Alex.I had a furniture delivery person steal some of my personal property. Thefurniture company would not reimburse me until the police ran a backgroundcheck on the person and it was determined he was a convicted felon. If thatis the situation in your case, the hotel can probably be sued for negligencein hiring known criminals. Ask the police to help you check the criminalrecord of the thief.

I believe this standard is too harsh, from the consumer point of view: i.e. to
be compensated only if the thief had a criminal record when he was hired.
Respondeat superior should do just fine, even for a first time thief.

If that does not work, contact the local consumer affairs reporter at alocal TV station. Hotels hate bad publicity and they will probably settle.

The consumer affairs should compell the hotel to issue a more specific and
accurate disclaimer, something like "We are not responsible if our employees
steal from our guests. Our guests are strongly urged to carry all luggage with
them when they leave our premises for sightseeing, or even for a drink at our
bar located on our premises."

Horrigan wrote: What chances do I have in recovering the losses from the hotel, for example, in a small claims court? Hotels generally post disclaimers stating you are storing your stuff in the room at your own risk. So that's one problem you will run into. However, it does make a difference that their own employee stole your stuff.

Could you please explain the distinction in the law of this disclaimer
between these cases? Say something goes missing and nobody knows how it goes
missing. It may be an employee or not because it's gone missing from a
locked room. Here, the apparent proof is with employee theft, but in other
cases it may be an employee or not. I'm unaware how a disclaimer can apply
differentially in instances where it may be employee theft or may not be so
would request some clarification.

-paul

> > My luggage, documents and money has been stolen during a stay in a hotel by a hotel employee. The police caught the thief, but could not recover the property. What chances do I have in recovering the losses from the hotel, for example, in a small claims court? Many thanks, Alex. I appreciate all the replies. The hotel didn't have a safe available, but rather a locker room, and the guests have been encouraged to use it to store the valuables. Guests could only visit the room when accompanied by a hotel employee. The luggage was stored in that room. Unfortunately I forgot to take my wallet with me and left it in the luggage. The manager of the hotel was asked by the police officer whether they have run a background check before hiring, and the answer was "no". However hotel's lawyer who arrived a little later said that the background check has been done. I have tried to discuss the matter with the hotel's lawyer, but she flatly refused any compensation and was very unhelpful in general. I'll try calling my insurance to see if they could help; I do consider small claims court as the last resort. Many thanks, --Alex.
Maybe you did not hear correctly. Ask the POLICE to do a background check on
the employee. The hotel attorney is not stupid enough to tell you if the
person has a criminal record (and is not required to tell you). You can do
the background check yourself online, but it will probably cost about
$75.00.

On Mon, 26 Jul 2004 20:19:59 -0400, horrigan@aol.com (Horrigan) wrote:
What chances do I have in recoveringthe losses from the hotel, for example, in a small claims court?Hotels generally post disclaimers stating you are storing your stuff in theroom at your own risk. So that's one problem you will run into. However, itdoes make a difference that their own employee stole your stuff.*****Tim Horrigan <horrigan@aol.com>*****

There are innkeeper's liability laws just about everywhere in the US
that allow hotels to disclaim liability for losses to guests'
valuables. For example, California allows an innkeeper who maintains a
safe to disclaim any liability for valuables not deposited in the
innkeeper's safe, "except so far as his own acts shall contribute
thereto" (Civil Code 1860). California rulings have pretty much
uniformly been to the effect that negligence or theft by the
innkeeper's employees do not overcome the disclaimer; the classic case
is Gardher v. Jonathan Club (1950).

--
Not a lawyer,

Chris Green

Paul Cassel wrote: Horrigan wrote:
Hotels generally post disclaimers stating you are storing yourstuff in the room at your own risk. So that's one problem youwill run into. However, it does make a difference that theirown employee stole your stuff. Could you please explain the distinction in the law of this disclaimer between these cases? Say something goes missing and nobody knows how it goes missing. It may be an employee or not because it's gone missing from a locked room. Here, the apparent proof is with employee theft, but in other cases it may be an employee or not. I'm unaware how a disclaimer can apply differentially in instances where it may be employee theft or may not be so would request some clarification.

In theory there are two separate ways that a hotel can be liable for
theft. The first is for its own (or an employee's) negligence. A
disclaimer and the ability to put valuables in a hotel safe could
eliminate liability on that basis.

In terms of intentionally wrongful conduct by a hotel employee,
however, the hotel could be liable on the basis of respondeat
superior, a fancy way of saying that an employer is generally
responsible for the acts of its employee.

My guess is that the disclaimer wouldn't apply to that situation
because it is contrary to public policy to relieve yourself from
intentional wrongful conduct.

Stu

Christopher Green wrote:
There are innkeeper's liability laws just about everywhere in the US that allow hotels to disclaim liability for losses to guests' valuables. For example, California allows an innkeeper who maintains a safe to disclaim any liability for valuables not deposited in the innkeeper's safe, "except so far as his own acts shall contribute thereto" (Civil Code 1860). California rulings have pretty much uniformly been to the effect that negligence or theft by the innkeeper's employees do not overcome the disclaimer; the classic case is Gardher v. Jonathan Club (1950).

Very interesting. It says that the statute protects the innkeeper
even from the criminal acts of its employees.

Stu

"Stuart Bronstein" <spamtrap@lexregia.com> wrote in message
news:okb0h097a0c32sl253gjoebi1anf3qrfrq@4ax.com... Christopher Green wrote: There are innkeeper's liability laws just about everywhere in the US that allow hotels to disclaim liability for losses to guests' valuables. For example, California allows an innkeeper who maintains a safe to disclaim any liability for valuables not deposited in the innkeeper's safe, "except so far as his own acts shall contribute thereto" (Civil Code 1860). California rulings have pretty much uniformly been to the effect that negligence or theft by the innkeeper's employees do not overcome the disclaimer; the classic case is Gardher v. Jonathan Club (1950). Very interesting. It says that the statute protects the innkeeper even from the criminal acts of its employees. Stu
If a hotel hires a known criminal (particularly a convicted thief), it may
be that acts of the hotel (including negligence for not doing a background
check) contributed to the subsequent theft.