Help when Hotels Deny Liability for Damaged Property

When you visit a hotel, you probably expect to leave with the property you brought along with you. From valuable jewelry to expensive electronics, a hotel guest may have thousands of dollars in property during an average stay. When these items become damaged due to the negligence of the hotel, it can be extremely challenging to obtain compensation from the hotel’s insurance provider. Not only will they try to deny responsibility, but they may also use bad faith tactics to avoid or significantly lower your damage amount.

When are hotels liable

Under Tennessee law, hotels are not automatically liable for damage or loss of guest property during a stay. However, there are circumstances where a harmed guest may be able to recover compensation, including:

• Security negligence. Hotels have a duty to maintain their premises in a reasonable safe and secure manner. This involves such tasks as ensuring that doors lock properly and monitoring access to guest hallways. If an establishment fails to implement adequate security measures and your property is stolen as a result, you may have a viable claim for compensation against the hotel.
• Premises liability. If damage to your property resulted from the negligence of the hotel staff, you may also be able to secure compensation. For example, if the hotel failed to fix a leaky pipe that later burst and flooded your room, you can recover compensation for any items that were damaged in the flood. This liability also includes such property defects as a faulty sprinkler system that fails to operate during a fire or a broken parking lot gate that damages your vehicle.
• Respondent superior. Hotels are also responsible for the bad acts of their employees. If a worker caused the loss or damage of your property, the hotel can be held financially responsible. For instance, if a maid steals your engagement ring from the room, a skilled lawyer will examine the hotel’s hiring and supervisory practices to determine whether a negligence claim is appropriate.

Holding hotel insurance companies accountable

When faced with property damage and loss as a hotel guest, it is not enough to obtain an acknowledgement, or even an apology, from hotel staff members. To successfully obtain compensation from the hotel’s insurance company, you must prove that your claim is valid. These companies are businesses and profit is their top priority. To that end, they will tirelessly work to deny your claim and avoid payment. They may engage in such bad faith tactics as:

• Refusing to fully investigate the details of your claim
• Only offering to pay partial value for your lost or damaged property
• Inaccurately applying language from the insurance policy
• Refusing to communicate or respond to your attempts to communicate

The challenges of dealing with an uncooperative insurance company can be difficult to overcome without assistance from a skilled Tennessee insurance dispute attorney. At McWherter Scott & Bobbitt, we have spent years fighting against unfair insurance claims policies. Let Jonathan Bobbitt, Clint Scott and Brandon McWherter put their knowledge and experience to work for you. We have offices conveniently located in Nashville, Chattanooga, Memphis, Jackson, and Knoxville. Call us today at 888-996-9731 or fill out our contact form for a professional review of your property damage case.