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Question

I forgot a CD case containing at least 30 CDs in a room I occupied at a resort in Florida. I called the resort within hours while I on the highway on my way home requesting that someone go to the room to retrieve the item. This transpired on 6/20, today6/24 I received a call that the room was checked today and nothing was found. The problem I have is that I have called at least 3 times everyday, each time I was told that someone would call me back(no one never did) the room was re-occupied. I was informed that there is nothing they can do now that nothing as been found and I didn't report this while I was still in the room.   My question is are they liable since I did inform them the same day I checked out, well before the room was re-ocupied?

Submitted: 136 days and 19 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country: Florida

Already Tried:
Only telephoning the resort constantly,and filing a complaint with the management there.

Posted by ScottyMacEsq 136 days and 19 hours ago.

Answer

Here is the applicable Florida statute on property of guests and liability:

 

509.111 Liability for property of guests.--

(1) The operator of a public lodging establishment is not under any obligation to accept for safekeeping any moneys, securities, jewelry, or precious stones of any kind belonging to any guest, and, if such are accepted for safekeeping, the operator is not liable for the loss thereof unless such loss was the proximate result of fault or negligence of the operator. However, the liability of the operator shall be limited to $1,000 for such loss, if the public lodging establishment gave a receipt for the property (stating the value) on a form which stated, in type large enough to be clearly noticeable, that the public lodging establishment was not liable for any loss exceeding $1,000 and was only liable for that amount if the loss was the proximate result of fault or negligence of the operator.

(2) The operator of a public lodging establishment is not liable or responsible to any guest for the loss of wearing apparel, goods, or other property, except as provided in subsection (1), unless such loss occurred as the proximate result of fault or negligence of such operator, and, in case of fault or negligence, the operator is not liable for a greater sum than $500, unless the guest, prior to the loss or damage, files with the operator an inventory of the guest's effects and the value thereof and the operator is given the opportunity to inspect such effects and check them against such inventory. The operator of a public lodging establishment is not liable or responsible to any guest for the loss of effects listed in such inventory in a total amount exceeding $1,000.

 

What this means is that you would have to prove fault or negligence to be able to recover (there is not strict liability here). You could do this in small claims court (in the same jursidiction in Florida) and make it known that you contacted them the same day, where the CD case was, how many times you contacted them, and that they did not contact you. Even still, to recover on negligence you would have to prove duty, breach, cause, and harm. Arguably they had a duty to recover your CDs once you informed them of that, but maybe not (look at the law regarding this).

 

If you want to continue to pursue this, your next course of action would be to send a demand letter laying out the facts and the amount of loss, and hope that they compensate you in this manner. If not, then file in small claims court and hope that the judge finds negligence.

 

Good luck!

136 days and 16 hours ago.

Reply

Can you give me an example of what a Letter of Demand should contain/say.

Accepted Answer

Start out with "Dear Sir or Madam:" Go on to say that this is a demand letter to pay the fair market value of lost property due to the negligence and/or fault of the hotel. The go on to lay out the facts, when you checked in and out, when you notified them initially and every time you called back, what they said, etc... Finally allege the value of the CD case and make a demand for that case, and a statement that failure to reimburse for the negligently lost property might lead to litigation pursuant to Florida Statute 509.111. Put your contact information in it and ask for them to call you back. Put a self addressed stamped envelope in it for them to return a check to you. This doesn't mean they will, but it makes it easier on them.

 

Also send it to the hotel manager certified mail return receipt requested.

 

Good luck!

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Expert: ScottyMacEsq
Pos. Feedback: 100.0 %
Accepts: 320
Answered: 6/24/2009

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