Theft at hotel

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Theft at hotel

I stayed at a hotel in California. One day after room service my glasses value 300 were gone from my room which was locked all the time and only opened by either myself or the cleaning people. I reported the theft and filed a claim with the insurance company of the hotel company. New Link Destination
day I received a statement from the insurance company saying ‘there is no evidence of negligence of any kind. the alleged missing glasses were never in the care, custody, or control of the hotel. therefore we must respectfully decline payment of your claim.’ I personally consider this unacceptable and would like to know if there is any chance I can at least get the money for my glasses back?

Asked on November 30, 2016 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You probably cannot get the money back.
1) You'd have to sue, which will itself cost you money and time which you cannot get back or get compensation for; and if the hotel is not in your same county (so that you can use the small claims court), you'll spend as much or more on the lawsuit, even without an attorney, as you hope to win
2) If a cleaning person stole the glasses, the hotel is not liable: a business is not liable for the criminal actions of its employees, becasue committing criminal acts is not part of the employees jobs or why they were hired. Employers do not expect or tell their employees to steal, do not hire them to steal, and are not responsible if the emloyees choose to break the law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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