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What are the obligations of hotels (Las Vegas, NV) to ...

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What are the obligations of hotels (Las Vegas, NV) to provide security against property theft of hotel guests? My hotel was vandalize and I lost several thousand dollars of property. I can be reached at: XXX@XXXXXX.XXX
Submitted: 6 years ago.
Category: Criminal Law
Expert:  ADillon replied 6 years ago.

I am sorry that this happened to you.

A hotel (or other lodging establishment) does have a duty of reasonable care to ensure your safety, as well as the security of your belongings. Typically, a hotel has a greater duty to protect its guests, as compared to e.g. a mall to protect patrons. They are not, however, "strictly liable" for any particular loss.

These cases usually boil down to whether (a) there was any history of such criminal conduct (e.g. vandalism or theft) and (b) whether the hotel took reasonable measures to protect your property. These are usually very fact-intensive issues, and there is no "pat" answer. If there was a history of such crimes (e.g. occurring 5+ times per year), then they should have implemented some measures to protect guests such as yourself. This can include security guards, cameras, lights, better locks etc.

In some instances, the hotel has a more direct role in the theft. For example, if they do not take care of the keys, or do not change the locks periodically; and certainly if one of their own employees commits the crime. I'm assuming that you had not entrusted this property to them (e.g. giving it to them to put in a safe), in which case the hotel would have a greater chance of being liable.

Unfortunately you would bear the burden in this type of case. If your is big enough to warrant the work, there are things you can do to get criminal records and reports. Experts in this field will obtain criminal statistics from a given area (e.g. 0.5 miles, or the hotel itself). These may be subject to a freedom of information (or "public records") request.

You should also be aware of Nevada statute 651.010, which can be found here: http://law.onecle.com/nevada/professions/651.010.html. It is not clear whether this timeshare is subject to this statute, but this provides further protection to an innkeeper.

Finally, you may want to check your homeowner's (and/or business) insurance policies to see if they might afford any coverage.

ADillon, Lawyer
Category: Criminal Law
Satisfied Customers: 441
Experience: Several years of experience with criminal trials and appeals.
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