Legal Question in Civil Litigation in Florida
Employer vs. Contractor?
After checking out of an Orlando area resort, I discovered that my wallet was missing. Knowing that it was left in the room, I returned to find the cleaning crew already there. The cleaning crew lied and deceived us in an obvious attempt to steal the wallet, but we eventually found it in their possession. The incident caused us to miss our flight home and pay an additional $181 each for six people to get home. The resort claims that the crew were contractors and therefore the resort has no responsibility. I called the contractor and they claim the individuals are subcontractors. Is the resort liable for the behavior of the cleaning crew to whom they allowed access to the room? If not, then who is? I'm not sure that the "contractor" status would be upheld and I feel that I'm paying for another's misconduct and would like to know my recourse.
1 Answer from Attorneys
Re: Employer vs. Contractor?
In my humble opinion the resort is liable. They are the entity that hired and supervised the cleaning crew. I think you can sue for the money in small claims court. Be aware that if this was one of the Disney resorts, they only play hardball in court and will do everything possible to defeat your claim. Locally we say the mouse is a rat. Good luck.