Legal Question in Civil Rights Law in California

Loss of Personal Property - Day Spa

Last Friday I had a massage at a day

spa in Dana Point, CA. I left my

watch there in error, it must have

fallen on the floor since I had placed

it on top op my clothes. After

contacting the owner they claim

they are not responsible. The watch

was valued at $4000.00 and was a

gift by my husband. There is no sign

posted stating their policy on lost or

stolen items. Should I ask for the

owners insurance information or take

her to small claims for the value of

the watch. I plan to file a police

report tomorrow.


Asked on 2/02/09, 10:39 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Loss of Personal Property - Day Spa

After you file the police report, file a claim with your homeowners' insurance carrier. I think most people, including most judges and jury members, would find it unreasonable to hold the spa liable for an item of such extraordinary value unless the management explicitly accepted responsibility for the item. I think you used poor judgment in leaving your watch on top of your clothes instead of, for example, inquiring of an employee as to the availability of lockers; or placing the item in the glovebox of your vehicle, leaving it at home, or otherwise securing it. The good news is that your homeowners' insurance ought to cover the loss. It is also possible that the police might recover the item.

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Answered on 2/02/09, 11:00 pm
Terry A. Nelson Nelson & Lawless

Re: Loss of Personal Property - Day Spa

So how is it their fault? That's what you'd have to prove to have a valid case, along with proof of the watch purchase and value. You can make a claim on their insurance, to see if they'll do anything for you.

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Answered on 2/03/09, 1:13 pm


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