Liability for theft when hotel room is broken into during (false) fire alarm

littlerock

Theoretical questions for you. Friend of mine was staying in a large seaside hotel during a conference. In his room working. Fire alarm went off. Left room closing door (self locking) behind him.

Turned out thieves had set off a smoke bomb to trigger the fire alarm and during resulting confusion managed to break into some of the more remote rooms (Broke down doors it is an old hotel.) Stole among other things friends expensive laptop. His home insurance said not covered by all risks as was on business and hotel said not covered for effects stolen from room regardless of how or why. (In this case he was in the room until the fire alarm went off, and locked the door on leaving and the thieves kicked the door in.)

In a separate incident at same hotel, guest checked three items into hotel concierge's store for an hour while they had a meal, in hotel restaurant, before checking out. Got three receipts. Went back, only two bags available to collect. The hold all with the lap top etc was missing. Police were called and reviewed cctv footage and saw hold all left on counter by concierge and stolen from there (not clear if deliberate plot or opportunistic) by thief with hoodie over face. (Do not know outcome to this as Hotel is part of large US chain and guest was American and fighting out when they got back to the states.)

Is the hotel ( it is on south coast) liable in either case?

agrinnall

Probably not in the first case, yes in the second. I have to say, they don't sound like theoretical questions to me.

Andypandyboy

Theoretical? You give a location for the hotel and the fact it is a US owned chain.

FutureGirl

Definitely not liable for the theft from the hotel room. Home insurance are correct not to cover if it's a business laptop as well.

I think that if there is a notice somewhere near the counter that states the hotel cannot be held liable if for any theft / damage when customers leave items in the concierge store, then they may not be liable for that one either.

littlerock

I didn't want advice for myself and the actual response by hotel and insurers to both (real) incidents at the time seemed confused, so I was wondered if anyone looking at it theoretically, could comment on the legal position of the victim to make a claim in each case. The underlying reason for asking is that there have recently been other burglary incidents at the same hotel - where my OH is staying at present.

Andypandyboy

FutureGirl wrote: »

Definitely not liable for the theft from the hotel room. Home insurance are correct not to cover if it's a business laptop as well.

I think that if there is a notice somewhere near the counter that states the hotel cannot be held liable if for any theft / damage when customers leave items in the concierge store, then they may not be liable for that one either.

I claimed on a travel insurance policy for a laptop stolen from a car, and was told cover was only applicable if it was locked in a hotel room. I then had to claim on my own home insurance policy for items away from the home.

I think personal home and travel insurance is the only way to be sure of cover.

FutureGirl

Andypandyboy wrote: »

I claimed on a travel insurance policy for a laptop stolen from a car, and was told cover was only applicable if it was locked in a hotel room. I then had to claim on my own home insurance policy for items away from the home.

I think personal home and travel insurance is the only way to be sure of cover.

You will only be covered on home insurance policy if you have personal possessions cover. However, this generally excludes business equipment. (OP said the OH was working).

TSx

In the first example, the hotel is liable but only to a maximum of £50 for one item or £100 in total (Hotel Proprieters Act 1956) unless they have been negligent (it doesn't sound like they have).

Edit: i didn't realise but it turns out these limits were actually increased if the hotel is in Greater London - to £750 for any one item, or £1500 in total, this is in the London Local Authorities Act 2004

Edited again - This is a strict liability law, so there does not need to be negligence proven for them to be liable for an item kept in the room being stolen, but this only applies up to the statutory limits.

Andy_L

The hotel is only liable if it was a member of staff who stole it or you'd handed it into them for safekeeping

Innkeepers Liability Act & the Hotel Proprietors Act are the relevant legislation.

dacouch

FutureGirl wrote: »

I think that if there is a notice somewhere near the counter that states the hotel cannot be held liable if for any theft / damage when customers leave items in the concierge store, then they may not be liable for that one either.

These signs are a grey area and do not mean a business can waive your rights simply by placing up a sign.

It's similar to a night club cloakroom who frequently use such signs eg "Items left here are entirely at your own risk, we accept no liability". Even with such a sign a court is likely to rule against a business if they've lost your item while in their control.

The fact the nightclub cloakroom has charged for looking after the jacket has a big effect on them being liable despite them trying to rely on a waiver sign.

As mentioned it's a grey area often needing challenging in court or the threat of court. If it goes to court the judge will look at the facts of the case.

I have a feeling a judge would side with the customer if the hotel offered a service of the concierage looking after items. If it was not a normal thing for the concierage to look after items then a judge might look at it in a different light.

The items in the room are a different matter entirely and are very very unlikely to be the hotel responsibility

TSx

Andy_L wrote: »

The hotel is only liable if it was a member of staff who stole it or you'd handed it into them for safekeeping

Innkeepers Liability Act & the Hotel Proprietors Act are the relevant legislation.

As above, this is a strict liability law - there does not need to be an element of negligence for a successful claim to be made against a hotel owner, providing it is within the limits (£750 in Greater London or £50 everywhere else).

The only areas where negligence would come into play are if the guest is negligent (in which case the hotel isn't responsible) or if you wanted to claim more than the statutory limits (in which case there does need to be either negligence).

More info on VisitBritains guide to the law