Hi there. I live in a condo building, with a front concierge/security desk. The concierge accepts and signs for packages on our behalf from delivery services, and stores them in a locked room until we're able to pick them up. We have a signed agreement that allows them to sign for packages on our behalf, and absolves them of liability if anything goes missing.
Recently I had a new phone delivered, and the concierge signed for it. Rather than place the package into the locked room, it was left out on a counter along with other recently delivered packages. The concierge then left to take a break and failed to close the sliding windows to the booth - leaving packages in reach/plain sight of anyone. Unfortunately someone came by, easily reached into the booth and stole a handful of packages - my new phone included.
We have security footage of the theft - someone simply reaches in and grabs what they can, before leaving. The building refuses to cover the cost of replacing the phone however, as their insurance has a $15000 deductible. They're saying what we signed absolves them of liability. Our argument is that leaving a very easy to lock security desk wide open with packages out and visible is pretty clearly negligent.
Do we have a leg to stand on? Or are we out a brand new phone?
Also, for what it's worth I do have renter's insurance and it'd likely cover this. I had to make a claim already this year though, and I'm worried that my monthly payments may go up more than the phone is worth. I'm parallel-pathing this avenue with my insurance broker, though.