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Burglary

Discussion in 'Small Claims & Municipal Court' started by theft, Jul 25, 2018.

  1. theft

    theft Law Topic Starter New Member

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    Jurisdiction:
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    Good Day,

    I'm seeking clarity on how the United States laws in Saint Diego stand.

    As I do not live in the United States, I recently traveled to the Saint Diego area. I stayed at a hotel and was burglarized of my possessions.

    I am inquiry as to what is my grounds of recovery for stolen possessions as the hotel room did not have a safe in the room nor anywhere else in the hotel. However, my goods were secured in my room.

    Thanking you in advance for general advice.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Slim to none with regards to the hotel. You would have to prove that an employee stole your items.

    Did you call the police?

    Do you have insurance?
     
  3. theft

    theft Law Topic Starter New Member

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  4. theft

    theft Law Topic Starter New Member

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    Yes the police have been called and someone has been arrested as found entering on camera. I do have a police case # but I have left messsges and awaiting a reply from the police on update on case. A staff member went in and was caught on camera - not the housekeeper either.

    The hotel has accepted liability and their insurance says I have to provide receipts of purchase of my stolen goods which they were not brand new i.e. from store but they were gently used in addition to cash that the burglar broke my lock.

    The hotel has agreed to send me a refund of hotel stay but the insurance company is giving me a run around as personally I have been violated.

    Thank you for your feedback as I live outside the USA and laws are different.
     
  5. army judge

    army judge Super Moderator

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    Every hotel guest is best advised to read the law regarding "innkeepers" in California, for example.

    Innkeepers Laws

    In ancient Babylon, around 1700 B.C., Hammurabi ordered death for innkeepers whose negligence caused inconvenience or injury to travelers.

    Most U.S. states today have “innkeepers laws”, Innkeeper’s Liability for Loss to Guest’s Property » Adjusters International Corporate largely based on English common law dating to the 1700s.

    Innkeepers laws also limit hotels’ liability in situations PRACTICAL TRAVELER; Theft at a Hotel: What's Covered such as thefts from rooms, damage to cars in parking facilities and injuries to guests.

    California, for example, limits a hotel's liability for losses of personal property of a guest not to exceed the sum of one thousand US dollars ($1,000).

    (See the Innkeeper Statute at Civil Code sections 1859 through 1867.

    California Code, Civil Code - CIV § 1859 | FindLaw )

    Hotel liability is even limited for theft from the in-room safe.

    Most hotels do not carry insurance policies that would cover theft of guests’ personal belongings.

    After all, hotels don’t know and don’t want to ask all of their guests to itemize valuable belongings.

    It’s one reason travelers should always consider purchasing their own travel insurance policy.

    Your hotel booking documents should contain terms and conditions that detail what the hotel will and will not cover in terms of theft.

    You can likely find more information regarding hotel liability for stolen goods at a specific hotel chain's website, this is what Hilton has to say, YMMV with other hotels:

    Most travel insurance policies come with personal baggage and valuables cover.

    If you travel with the usual basics like camera, cell phone, and laptop; basic coverage should suffice if anything gets lost, damaged, or stolen.

    If you are traveling with particularly valuable items, you should read the policy terms to see how much single items are insured up to, and make sure it covers the price of what you paid for the item.

    If you do need to make a claim for a valuable item stolen from your hotel room, have proof of purchase ready for the travel insurance company.

    If you don’t have receipts, take photos of the items with the serial number clearly visible before you travel.

    You might also find this helpful:

    What You Need to Know About Your Rights As a Hotel Guest

    You reside in Bermuda.

    If this had happened, and it does happen to guests from other countries, the result would be the same.

    Don't expect the hotel to be too helpful, even if you had lived in California.

    Hotel liability is limited by statute all over our planet.
     
  6. mightymoose

    mightymoose Moderator

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    If the person who was arrested is convicted of the crime you could attempt to recover your losses through a civil action. If you are in contact with the prosecutor this could all be handled in the criminal trial.
     
    hrforme likes this.
  7. theft

    theft Law Topic Starter New Member

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    Hello,

    Thank you for the details - very informative and helpful to know.

    Yes I did google and found write ups on "in keeper" similar to what you have provided.
     
  8. theft

    theft Law Topic Starter New Member

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    Thank you I will continue to try and get through to the police dept to follow up based on the case # provided.
     
  9. mightymoose

    mightymoose Moderator

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    No.... Not the police department. That will get you nowhere.
    You need to be in touch with the District Attorneys Office (the prosecutor).
     
  10. theft

    theft Law Topic Starter New Member

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    Ok thanks for the clarification. For the avoidance of doubt is it only 1 DAO in California?

    Thank you
     
  11. mightymoose

    mightymoose Moderator

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    There is one in every county.
     
  12. theft

    theft Law Topic Starter New Member

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    Ok thank you for this information and assiatance. :)
     

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