QUESTION
I had $8500.00 stolen from my room at the Marriott Islandia. Is there any way I can sue?
Asked on Apr 30th, 2015 on Civil Litigation - New York
More details to this question:
My dad passed and we went to Long Island for his funeral. We stayed at the Marriott Islandia. My jewelry was stolen from the room while we were at the funeral, (my hands swelled and I could not get my wedding band or engagement ring on). We called my insurance company and the police. Only 1 ring was insured. I lost $8500.00 on that visit. The Marriott won't do anything but they said they did not believe my husband and I because they questioned employees who said they didn't take anything. A week later my husband went to TX for a conference, stayed at the Renaissance Marriott and he awoke at 4:30 am with bedbugs biting him. He had a bought a brand new Tumi carry on luggage that I won't let back in the house. I would really like to recoup some of our loss from both incidents.
1 ANSWER
Of course you can sue, but you may have a difficult time winning. In addition to having to convince a judge or jury that you had jewelry stolen, and that this was due to the hotel's negligence, most hotels have provisions in their contracts which limit their liability in the event of such a loss. You will probably find something in your paperwork along the lines of the following: "Hotel's liability in the event of loss or damage to Guest's property is limited to the amount of $50." You may also find something that, like car rental agreements, offered you the option of paying for extra security or to waive or increase the limitation on liability. The limitation on liability clause would not be enforceable if you can show that the hotel was grossly negligent or reckless, but may well be enforceable if the hotel was only negligent.
Answered on Apr 30th, 2015 at 11:59 AM