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Hotel Robbed My Son - What Can I Do

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  • 02-23-2009, 09:32 AM
    shemaur
    Hotel Robbed My Son - What Can I Do
    My question involves criminal law for the state of: California

    My son and a friend had been staying at a hotel and advised the staff that they DID NOT want housekeeping service. They were in the room until 7:00 PM and left for a meeting. They returned at approximately 12:30 AM to find themselves the victim of THEFT! The following items were stolen from their room:

    1. My sons laptop $2,200
    2. My sons Ipod $600
    3. My sons laptop charger $100
    4. My sons phone charger $30
    5. My sons digital camera charger $30
    6. My sons friends laptop $3,000
    7. My sons friends laptop charger $20
    $5,980

    My son immediately spoke to the person at the front desk who had a “I could care less” attitude! The police were called and a police report was filed. Because his room was in the REAR of the floor, the camera was not able to see the complete comings and goings of his room. However, they DID see housekeeping leaving from his area (EVEN THOUGH HE REQUESTED NO HOUSEKEEPING! Also, since when does housekeeping clean a room at 7:00 PM!! Also, his towels were not changed and there were bottles left on the floor.)

    I called the hotel to get manager information and was told by the desk clerk the manger’s name is “Carmen” and “I don’t know her last name”. This HAD to be a JOKE!! I told him that was ABSOLUTELY UNACCEPTABLE! He then gave me the name David Allen and said he arrives to work at 8:00 AM.

    I have been unsuccessful in reaching this Dave Allen. What steps can I take?
  • 02-23-2009, 11:21 AM
    cyjeff
    Re: Hotel Robbed My Son - What Can I Do
    How old is your son?
  • 02-23-2009, 12:26 PM
    LawResearcherMissy
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    Quoting shemaur
    View Post
    Also, since when does housekeeping clean a room at 7:00 PM!!

    Lots of hotels maintain housekeeping policies such that the room will be cleaned, regardless of time.

    The more pertinent question here is why did your son not avail himself of either the room safe or the hotel safe for his expensive belongings?

    Most hotels specifically disclaim liability for loss or damage to guest belongings, with the inn-keeper liability laws providing a maximum amount a hotel may be held liable for, and often completely absolving them of all responsibility if the room or hotel safe is available, but not used.

    In California:

    Quote:

    The liability of an innkeeper, hotelkeeper, ... or lodginghouse keeper, for losses of or injuries to personal property, is that of a depository for hire; provided, however, that in no case shall such liability exceed the sum of one thousand dollars ($1,000) in the aggregate. In no case shall liability exceed, for each item of described property, ... unless he shall have consented in writing with the owner thereof to assume a greater liability. CAL.CIV.CODE ANN. § 1859 (1985)
    Quote:

    If an innkeeper, hotelkeeper, ... or lodginghouse keeper, keeps a fireproof safe and gives notice to a guest, patient, boarder or lodger, either personally or by putting up a printed notice in a prominent place in the office or the room occupied by the guest, patient, boarder, or lodger, that he keeps such a safe and will not be liable for money, jewelry, ... or other articles of unusual value and small compass, unless placed therein, he is not liable, except so far as his own acts shall contribute thereto, for any loss of or injury to such articles, if not deposited with him to be placed therein, nor in any case for more than the sum of five hundred dollars ($500) for any or all such property of any individual guest, patient, boarder, or lodger, unless he shall have given a receipt in writing therefore to such guest, patient, boarder or lodger. CAL.CIV.CODE ANN. § 1860 (1985)
  • 02-24-2009, 09:16 AM
    shemaur
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    Quoting cyjeff
    View Post
    How old is your son?

    He is 24 years old
  • 02-24-2009, 09:17 AM
    shemaur
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    Quoting LawResearcherMissy
    View Post
    Lots of hotels maintain housekeeping policies such that the room will be cleaned, regardless of time.

    The more pertinent question here is why did your son not avail himself of either the room safe or the hotel safe for his expensive belongings?

    Most hotels specifically disclaim liability for loss or damage to guest belongings, with the inn-keeper liability laws providing a maximum amount a hotel may be held liable for, and often completely absolving them of all responsibility if the room or hotel safe is available, but not used.

    In California:

    The laptops were way too large to fit in the in room safe which is why he did not use it.
  • 02-24-2009, 09:18 AM
    seniorjudge
    Re: Hotel Robbed My Son - What Can I Do
    Did a hotel employee steal this stuff?
  • 02-24-2009, 11:57 AM
    LawResearcherMissy
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    Quoting shemaur
    View Post
    The laptops were way too large to fit in the in room safe which is why he did not use it.

    That won't fly in court. The judge will want to know why they weren't locked in the hotel safe, then.

    He's going to have a very difficult time of pinning liability on the hotel.
  • 02-24-2009, 02:56 PM
    jk
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    =shemaur;291237]
    My son immediately spoke to the person at the front desk who had a “I could care less” attitude!
    I know I'm being picky but the phrase is " couldn't care less". If they could care less, then they did care to some extent. Only if they "couldn't care less" would they be in a position to not be able to care any less which is what is meant to imply.

    Quote:

    Because his room was in the REAR of the floor, the camera was not able to see the complete comings and goings of his room. However, they DID see housekeeping leaving from his area (EVEN THOUGH HE REQUESTED NO HOUSEKEEPING!
    They say housekeeping coming from his room or the area of his room? Please explain how a camera would be able to see housekeeping yet couldn;t see anybody else that may have entered the area.

    If it does not show housekeeping entering the room, then all you have is the fact housekeeping was near his room.


    Quote:

    Also, since when does housekeeping clean a room at 7:00 PM!! Also, his towels were not changed and there were bottles left on the floor.)
    then it sounds like housekeeping really wasn't in his room.



    Quote:

    I have been unsuccessful in reaching this Dave Allen. What steps can I take?
    Call the corporate office, if this is a chain. Still won;t do you any good but it may make you feel better to yell at somebody else than simply the ones you have already.
  • 02-25-2009, 04:15 AM
    shemaur
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    Quoting seniorjudge
    View Post
    Did a hotel employee steal this stuff?

    It definitely looks "inside"
  • 02-25-2009, 04:16 AM
    shemaur
    Re: Hotel Robbed My Son - What Can I Do
    The housekeeper said the door was "open" when she got to his door (even though it's a slam lock) yet she still wnet in a spread his bed???? But did not change towels or clean up the garbage on the floor?
  • 02-25-2009, 04:19 AM
    shemaur
    Re: Hotel Robbed My Son - What Can I Do
    First - in anger my grammar is the last thing I worry about and the letter I wrote to them was sent after unsuccessfully reaching the manager.

    Second - the camera showed the house cleaner rolling her cart from the area his room was located in. As I said - the camera does not show the back of the hotel.

    The bed was spread when he returned and it was not that way when he left so housekeeping WAS in his room.

    This is an independently owned franchise and I am working with their insurance company.

    Thank you
  • 02-25-2009, 05:10 AM
    LawResearcherMissy
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    This is an independently owned franchise and I am working with their insurance company.
    You may get a little traction with them. Good luck!
  • 03-01-2009, 03:20 PM
    shemaur
    Re: Hotel Robbed My Son - What Can I Do
    Quote:

    Quoting LawResearcherMissy
    View Post
    You may get a little traction with them. Good luck!

    Thank you!!:)
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