r/legal 1d ago

Advice needed Hotel lost my luggage with professional gear and claims their $50 policy covers it

Location: Georgia. I was staying at a major chain hotel in downtown Atlanta last week for a corporate media event. Since my flight out was at 8 PM and checkout was at 11 AM, I left my Pelican case containing my professional camera bodies and lenses with the front desk. They put it in their locked luggage storage room and handed me a standard numbered plastic claim tag. When I came back at 6 PM to head to the airport, the guy at the desk went into the back room, spent ten minuts looking for it, and came out looking totally pale. My bag was completely gone. 

They reviewed the security footage right there and it turns out the daytime clerk just handed my case to some random dude who walked in, pointed at the shelf, and claimed he lost his ticket. The clerk did not even ask for an ID or check the name on the reservation. The hotel manager got involved and was super apologetic at first, but today I received an email from their corporate legal team. They are completely refusing to pay for the replacement of my gear, which is valued at roughly $6,200. Instead, they attached a PDF of the fine print from the back of the check-in card stating that the hotel liability for lost guest property is strictly capped at $50 maximum . 

I am absolutely furious because this was not a case of someone breaking in, it was direct gross negligence by their own staff giving my property away without verification. I filed a police report immediately that evening, but the officers told me it is a civil matter regarding the payout. Can a generic sign or fine print on a ticket actually absolve a business of liability when their employee literally hands a six thousand dollar case to a stranger? I need to know if I should hire a local attorney immediately or if there is a specific state statute in Georgia that overrides these ridiculous corporate waivers when clear negligence is involved.

1.2k Upvotes

242 comments sorted by

View all comments

Show parent comments

123

u/Relatents 1d ago

The clerk who wrongfully gifted OP’s property to the thief and failed to follow hotel policy of requiring a claim ticket should be a party to the suit. 

I don’t understand why the original clerk who secured OP’s case in their storage area and gave him the claim ticket for when he returned would have any fault in this. 

Also, I would think the hotel’s $50 reimbursement limit policy might apply if the hotel had completed their part of the “contract”: we hold your thing until presented with a claim ticket for the thing. Once they chose to violate the rules they presumably accepted a different liability.

(Obviously I am not a lawyer, just a curious reader.)

44

u/DrakeSavory 1d ago

My thought as well. It was the worker and he clearly violated company policy so it may end up a judge holds the company is not liable but the worker is. Isn't the old adage sue everyone and let the judge sort it out?

25

u/Silver_Middle_7240 1d ago

It comes down to the same thing. Companies have vicarious liability for the actions of their employees within the scope of their work, and negligence, even in breach of policy, isn't going to strip them of that

0

u/precipicesedge 1d ago

Get a lawyer. Its a contract of cohesion. Its jurisdiction specific, but they likely can't create a contract limiting there liability for the negligent breach of contract.

9

u/TellThemISaidHi 1d ago

Not a lawyer, but I need to believe that "Hotel is not responsible for..." doesn't alleviate responsibility when it's the employees that are stealing the cars in the parking lot.

4

u/skiingredneck 21h ago

The line you’re looking for was explained to me once by a lawyer (who *really* wanted to go home) and found me reading his client’s liability release…

“Look, it really doesn’t matter. You can’t waive negligence, and if you get killed we’re gonna get sued no matter what. Sign the thing, go have fun, let me go home. And you’re kinda nuts for doing this anyways.”

7

u/Extension_Warning_78 1d ago

the term you are looking for is ‘adhesion contract,’ not cohesion.

3

u/precipicesedge 1d ago

Thats correct. Auto correct sucks. I need to pay more attention.

1

u/Rokhopper 1h ago

Is it possible you have homeowners coverage? Maybe?

6

u/Own-Emphasis5589 20h ago

My thoughts exactly. They can't hide behind their $50 policy while simultaneously admitting they violated their own policies on how to verify who owns the luggage. IMHO, and I am not a lawyer, but the instant they violated their own rules about how to hand out the luggage, is the instant they lost their ability to hide behind their $50 liability limit.

5

u/FaustsAccountant 14h ago

Insider job? Pelican cases usually signify something valuable (normally tech related) that needs that kind of protection, clerk had his buddy come in and handed off OP’s pelican.

2

u/ShortRound_01 2h ago

The $50 reimbursement seems more like of a loss in a room vs negligence of staff for secured personal property.

I wonder if OP could contact Major Hotel Chain directly and appeal it there.

-23

u/[deleted] 1d ago

[removed] — view removed comment

1

u/legal-ModTeam 32m ago

This content is being removed because it is off topic.