Legal Question in Business Law in California

My car was stolen from a California motel by another guest. On the motel security cameras, the thief can be seen coming out of a motel room, sneaking around my car with a lookout guy, and then breaking in and driving away. From the security camera tape review, the police said he & 3 other men stayed in a room under a stolen credit card and presumably slept about 4 hours before stealing my car. The motel states no liability on their part. As it was an older car, I never thought anyone would steal it so I had liability & uninsured motorist insurance, but not comprehensive.

The motel claims no liability at all to help with repairs (ripped out ignition, broken door lock, windshield cracks, rim/tire replacements, major dents, etc.). The motel owner said the thief can't be proved to be a guest because the room he stayed in was paid with a stolen credit card, so the motel lost all revenue. There have been other long-term guests at the motel who said they had problems (being attacked on property, items stolen from rooms) and the motel threatens to evict or sue the guest if any stand or demand is approached towards them.

My car was recovered about 4 towns over, all our personal items/belongings in the car were gone & it is going to cost about $2,500 to fix the damage & buy replacement parts that were stripped, not to mention the DMV paperwork replacement. It cost almost $680 just to get the car out of the impound due to their excessive service charges. We thought it was a safe place to stay due to the brand-name and security cameras all over.

Is the motel liable for any of the cost? And if so, how should we proceed? Thanks in advance.


Asked on 8/08/09, 1:47 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question is not so much a business law question as it is a question of liability for negligence, i.e., tort law. LawGuru attorneys who answer questions under those headings would be more capable of assessing your chances of winning than would business attorneys. So, you may want to re-ask under a different category.

My hunch from a business-law standpoint is that the motel is insured, and that the insurance company lawyers who handle such claims would put up a tough battle to avoid establishing or strengthening any precedent for liability for such occurrences.

The general principle here seems to be that motel operators and other providers of public accommodationslike bus lines, restaurants, etc. need to take reasonable precautions against forseeable crimes in order to avoid successful claims for negligence. This would include lighting in the parking areas, locks on the doors, and perhaps security cameras, but once the precautions are taken, the motel or other place of public accommodation does not become the insurer of its patrons.

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Answered on 8/08/09, 2:27 pm


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