Is hotel liable for sending off an item I forgot in my room to another person?

[Texasgirl08]

What is the name of your state (only U.S. law)? Texas

If I left an item in a hotel room and very soon after checking out contact the hotel several times with all necessary details of my left item, are they liable if three weeks later they send my belonging to someone else? They sent it off to another person from ANOTHER room who was missing a similar belonging but complete different color. When that person got the wrong item, they called the hotel, and so they sent that person's real possession. So now that person has my possession and their own. The hotel never contacted me this whole process even when I had frequently inquired about my belonging. I literally found out "right after they sent it" and I had a long conversation with the manager who seemed untruthful because his stories did not line up. He said he's not liable and can do nothing about it because he threw away the mailing address/phone number.

 

[OHRoadwarrior]

No, they are not liable. Hotels, in good faith usually attempt to reunite owners with lost possessions usually at their expense. Generally speaking, you could potentially sue them in small claims court and prevail, however, the burden of proving loss, value and chain of custody is on you.

 

[FlyingRon]

No, they are not liable. Hotels, in good faith usually attempt to reunite owners with lost possessions usually at their expense. Generally speaking, you could potentially sue them in small claims court and prevail, however, the burden of proving loss, value and chain of custody is on you.

Well, that's not quite right. If the item had not been found and returned to the hotel, they'd have no liability. Since the item was turned over to them, there's a bailment created. However, in this case it would take GROSS NEGLIGENCE which doesn't seem to have occurred here, to for the bailee to be found liable in the case where there's only benefit to the bailor in the bailment.

 

[swalsh411]

If this item was so valuable why did not go back and get it?

 

[Texasgirl08]

My family came to Texas for my college graduation. The valuable is actually my sister's. They left out of state after. The odd thing is, I went to the hotel several times. And called several times before my sister's valuable was sent off. Meaning, they had it when I took time out of my working day to go there. They just had really bad communication it seems. So, they never called me when both my sister's valuable AND that other family's valuable was sent off. The manager was also very immature about the situation. I just felt cheated in a sense and felt like I got really bad service while they treated the other family (who was out of state) better.