Legal Question in Civil Litigation in Illinois

loss of luggage from a hotel lobby

Luggage was stolen from the bellman's cart after he had taken possession of all the luggage and pushed it into the lobby of the hotel. The guests were outside telling people goodbye and it was about 5 minutes when they came in to realize their luggage was gone. The bellman had left the cart with no one in attendance and was delivering other luggage. The other bellman was in the back answering phones. About $7,000 worth of property was in the two bags stolen. The hotel claims that the guests should have never let the bellman take their luggage until they were ready to come inside. They were right outside the door insight of the lobby. Is the hotel liable for the items since they has taken possession and their job is to get the luggage to the room safely?


Asked on 10/11/00, 4:09 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: loss of luggage from a hotel lobby

Yes it does seem from the facts that the hotel was negligent However, you may have overlooked the option of collecting for your loss directly from your own Homeowners insurance policy and then the will subrogate and proceed against the hotel. Homeowners policies generally provide coverage for your personal property away from the premises also. This more convenient for you than filing suit against a hotel in a distant city. Check with your insurance agent and an attorney. In Florida if your insurance company improperly refuses to pay you can force them to pay your attys fee. Florida Statute 627.428. I've done this a few times for lost luggage by the airline when luggage losses were limited to only $750.00. You should notify the insurance agent immediately and make a carefull list of the value of the contents while your memory is fresh. Be able to support the list with bills and charge cards and photos taken on the trip wearing your clothes and jewelry.

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Answered on 11/06/00, 9:15 am


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