Valet Car Company Negligence

[fwinegar]

I recently used a valet company at a restaurant and had my laptop stolen. There was no sign of forced entry and the car was in the possession of the valet company while we were dining. I am planning on taking them to small claims to reclaim my losses, as they are saying that they are not responsible and their insurance company will not cover the incident. Could you give me any advice regarding how to approach this matter? Thanks to all.

 

[Duranie]

When you used their service. there should have been a disclaimer that they are not respoonsible for lost or stolen items.

It was not very smart of you to leave the laptop in there.

You have the burden of proving it was in there and that a valet employee stole it. You likely agreed to some disclaimer when you used the service.

 

[David_Staub]

You might as well try. The laws are all over the place on this and who knows how the judge will react.

The valet company is considered a bailee of your property. The bailee is liable for any injuries to your property from failure to properly care for or use it. The standard of "proper care" depends upon the type of bailment.

Bailees often print disclaimers on the back of the claim check in an attempt to either modify the standard of care or eliminate it entirely. In some jurisdictions, courts have held these disclaimers invalid. Don't assume that if the valet company points to the claim check your only choice is to give up. Not so.

In the end, the question is what duty did the bailee have and did he meet the duty. The mere fact that your laptop is gone does not necessarily mean that the valet company was negligent, although the fact that there was no sign of forced entry is a fact in your favor.

Let us know what happens. And don't leave your next laptop in your car when you give someone else the keys.

 

[fwinegar]

Thank you for the comments. One additional point to note is that we walked through their parking lot and I found 3 other cars that the company had parked were left unlocked. If the valet company left my car unlocked, that would lead to theft in the vehicle. Also, the laptops were not in plain site, but hidden under the seats.

Do you all feel that the combination of no forced entry and that other vehicles were unsecured in the parking lot implies negligence? Are there any statues I should reference for something of this nature? I just want to make sure I'm fully prepared for the big day in court.

Thanks again!
FW