Legal Question in Personal Injury in Texas

Lost Luggage/Mental Anguish

I work for a hotel and recently we had a staff member mistakenly load a female guest's bag onto a shuttle to the airport. This bag ended up in Europe (don't ask), however after some effort we got it returned to the lady in 12 days. We reimbursed her for expenses relating to not having the bag (approx. $350) and paid for the bag's shipping. She is now asking for $12,000 ($1000 for each day without the bag) because of the anguish she went through not having it. We plan to decline to do this, however what are her chances if she decided on legal action?


Asked on 8/10/07, 2:01 pm

3 Answers from Attorneys
Roger Merrill Merrill & Associates

Re: Lost Luggage/Mental Anguish

If you have insurance, you may want to consider turning it over to your insurance company to handle. In Texas, it is hard to recover mental anguish damages.

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Answered on 8/10/07, 3:16 pm
Keith Engelke Law Office of S. Keith Engelke

Re: Lost Luggage/Mental Anguish

Generally to recover for mental anguish damages there must be a physical injury. There are exceptions but this situation does not sound like one. Depending on the value of the bag and it's contents she might be able to recover more.

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Answered on 8/10/07, 3:17 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Lost Luggage/Mental Anguish

slim...but turn over to your insurance company...which most business carry ..and let them worry about it..

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Answered on 8/10/07, 5:50 pm


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