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. Today 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 4 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.


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