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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Hotel's Liability For Theft By Its Employee

    Thanksfor taking the time to read this.

    Over the summer I was staying in a Hotel / Hostel in Miami Beach FL. Moving from Missouri, it was a cost efficent way of searching for an apartment. My SUV along with basically everything I had in my name (clothes, electronics ect...) was stolen by the person that worked at the front desk of the Hotel. In addition, that person stole my identity and ran back account over 15000 negative. That person had a background and prior warrants out for forgory and other fraudulant activity. My insurance isn't covering since the vechicale was recovered but repoed by the bank.

    Question: Can I sue the Hotel/Hostel for negligence in the hiring of this person with the criminal background? What kind of damages could I expect to recover? What are major determining issues?

    Any help anyone could give me would be greatly appreciated.

    Thank You

  2. #2

    Default Re: Hotel Civil Negligence Help Please

    Quote Quoting Brock491
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    Thanksfor taking the time to read this.

    Over the summer I was staying in a Hotel / Hostel in Miami Beach FL. Moving from Missouri, it was a cost efficent way of searching for an apartment. My SUV along with basically everything I had in my name (clothes, electronics ect...) was stolen by the person that worked at the front desk of the Hotel. In addition, that person stole my identity and ran back account over 15000 negative. That person had a background and prior warrants out for forgory and other fraudulant activity. My insurance isn't covering since the vechicale was recovered but repoed by the bank.

    Question: Can I sue the Hotel/Hostel for negligence in the hiring of this person with the criminal background? What kind of damages could I expect to recover? What are major determining issues?

    Any help anyone could give me would be greatly appreciated.

    Thank You
    From what you posted they very well could be liable negligent hiring. The hospitality industry is certianly one area where background checks should be conducted on prospective/existing employees. I think it's reasonable for hotels to provide a safe enviroment for their guests.

    If the employee had a criminal background, as you describe, it was discoverable. Have you contacted their insurance company? I would seek out a well qualified attorney on this matter.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Hotel Civil Negligence Help Please

    Quote Quoting Brock491
    View Post
    .

    Question: Can I sue the Hotel/Hostel for negligence in the hiring of this person with the criminal background? What kind of damages could I expect to recover? What are major determining issues?

    Any help anyone could give me would be greatly appreciated.

    Thank You
    Here is a MO case which outlines the hiring and retention of a negligent employee. Be advised though, even if you believe the case law does not apply to your facts and you believe you can not sue, consult an attorney regardless for a professional legal opinion.

    http://www.peo7.com/peo/caselawsDetail53733/Page1.htm

  4. #4
    Join Date
    Mar 2008
    Posts
    2

    Default Anyone know any good lawyers

    Thanks for looking into this. The primary problem is that the Hotel didn't even have insurance for matters like this. I contacted an attorney but he doesnt seem to be to interested in taking the case. He instructed me to contact the Hotel and see if they were willing to work something out. The Hotel refuses any reponsiblity and even threatened to sue me for libel, slander, and extortion if I went ahead with any law suit. Meanwhile my attorney hasnt return my calls for four days now.

    Are there any Florida based cases of employee negligency?

    If anybody out nows someone interested in taking the case, please let know. Its hard to get a good attorney to work a case that there is not a lot of money involved.

    I tried the Bar Referral Service which didn't work out. They might as well of pulled names out of a hat.

    Thanks

    Brock

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Anyone know any good lawyers

    Quote Quoting Brock491
    View Post
    Thanks for looking into this.
    Are there any Florida based cases of employee negligency?
    I could not find any specific cases on point , but did find this FL law under TORTS:

    http://www.leg.state.fl.us/Statutes/...20096#0768.096

    They indicate "3rd person", I am not clear if it means another employee or an outsider?? 3rd person, from my past law knowledge means an outsider??

    You can pay a visit to a library where they have the FL statutes and look up the section above and read any case law after it to see if any applies.

    OR a law school law library of a nearby Univeristy, where they have FL case law under TORTS, in the FL Jurisprudence section.

    As far as an attorney handling it, just keep shopping.

    Altough the one case I linked was MO, it gives a "general" insight of the state of the law, BUT, of course, state laws and case law are vastly different at times.

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