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.
2 Answers from Attorneys
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.
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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