We Hold Your Brief JUDE IGBANOI
Jude.igbanoi@thisdaylive.com
Dear Counsel, What is your advice? I am a Sales Rep for a footwear company. On one of my trips to Warri I stayed in a hotel for one night and I parked my van in the car park within the hotel premises. When I checked the next morning I found the van vandalised. The car stereo and other accessories had been removed. The spare tyre was nowhere to be found. Most of the goods in the van valued at over N280,000 were stolen. I complained to the hotel manager and after a quick investigation, he promised to take the matter up with the management.
I was not satisfied with the way they were handling the matter so I reported to the police.
I am seeking your advice because the hotel has refused to accept responsibility for my losses. They claim that there is a sign displayed on the walls of the car park that says ‘Cars are parked at owner’s risk.’ They have refused bluntly to compensate me for any loss.
What should I do? My employers are asking me to pay for the stolen items.
W. Komhe. Dear Mr. Komhe, This is a problem that has become fairly common. Generally, the hotelier owes a duty of care to protect lodgers and their properties. That is why they demand that lodgers who carry valuable items must declare such items.
However, the responsibility for the safety of vehicles parked within the premises of hotels or public places is a shared one. To this extent, the vehicle owner is expected to ensure that his vehicle is reasonably secure by ensuring that all necessary steps are taken to lock up the vehicle and turn on the security system if any.
If the vehicle owner does all this and the vehicle is stolen or vandalised, the hotel must take responsibility for such losses. The courts have settled these issues in several decided cases. Hotels and public places generally use the cars parked at owner’s risk sign as a warning to their clients to be cautious and vigilant about their vehicles.
I therefore advice that you get your lawyer to write formally to the hotel asking for compensation for your losses. If they refuse then your lawyer can proceed with an action in court against them.