Legal Question in Real Estate Law in Texas
Responsibility for Damages
My son in law borrowed my vehicle, was checked in as a guest in a large hotel. The vehicle was stolen from the hotel parking lot during the night, reported to the police properly, and was located in the possession of the offender 5 days later. Damages to the vehicle, including theft of personal property in the vehicle, amounted to $1791. The offender pled guilty and was sentenced to a prison term. No restitution was granted. Question: Can the hotel be held liable ?
1 Answer from Attorneys
Re: Responsibility for Damages
Generally not, the criminal acts of a third party are usually outside the duty of care owed to a guest. There have been some judicially created exceptions in personal injury cases in areas where there have been frequent violent crimes and the property owner did not provide proper security, but I'm not aware of this doctrine being applied to property damage cases.