Legal Question in Civil Litigation in California

liability for theft of personal property

i would like to know if my car was robbed while i was staying at a motel by one of their employees whom they fired afterwards our they liable for my losses?


Asked on 3/24/02, 5:54 am

3 Answers from Attorneys

Joseph Marman Law Office of Joseph H. Marman

Re: liability for theft of personal property

Only if the hotel management was negligent in acting after knowing or if they should have known of the criminal tendencies of their employee.

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Answered on 3/24/02, 3:42 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: liability for theft of personal property

As a general rule, employees are not responsible for the crimes of their employees. However, as a practical matter, we have seen people on this website settle these matters with the employer. Your cause of action, should you decide to sue, would be "negligent hiring." You would than have to prove that they knew or should have know of the employee's criminal tendencies. Personally I would not attempt it past the settlement stage but if you do, you are going to have to come up with real evidence that they knew about this guy. Otherwise, as I said, they are not responsible for their employee's torts or crimes. Employers are responsible for their employees' negligence under a theory called "respondeat superior", but not for their intentional crimes.

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Answered on 3/26/02, 1:36 pm
Ken Koury Kenneth P. Koury, Esq.

Re: liability for theft of personal property

I would say so.

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Answered on 3/24/02, 6:45 am


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