HL Tigger Final

Nov 29, 2012Download as pptx, pdf

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Sam and Margaret Aniballi stayed at the Sonesta Beach Hotel and stored $85,000 worth of jewelry in the room's safety deposit box. The jewelry was stolen. The hotel argued its liability was limited to $1,000 based on a notice the Aniballis signed. However, the court found the hotel violated Florida statutes by only posting the limiting liability notice in the bathroom and not providing documentation of items stored. While the hotel's liability was not limited to $1,000, punitive damages were not awarded as the hotel did not act outrageously.

Aniballi
v.
Sonesta Beach Hotel

Eily Ridge, Michaela Rivers, Jeanie Wallace,
Annalisa Ellis

Facts
 Sam Aniballi and his wife Margaret
Aniballi were staying at Sonesta Beach
Hotel (Dade County)
 Guest checked in the hotel Feb. 22, 1980

More Facts
 Upon entering their room they saw a safety deposit box
 He went back down to the front desk and requested a
key
 He was asked to sign a “Safe Deposit Box-Statement of
Value” card
-- On the card it states that the hotel is only responsible for
loss of items caused by the fault or NEGLIGENCE of the
establishment.
-- It also mentions the establishment is limited to $1,000
 Mr. Aniballi signed this agreement saying he would not
put anything of more than $1,000 of value in the safe

There are a lot of Facts.
 Long, the front desk clerk working that day did in
fact steal the Aniballi’s money and some money
out of the cash register and never returned to
work
 The Aniballis filled the complaint of the loss of
$85,000 worth of jewelry
 Dade Country court granted guest motion for
summary judgment
 Found Hotels liability was limited to $1,000
-- Because Mr. Aniballi signed the notice at check-in

Issue
Did Sonesta Beach Hotel not comply with the
Florida Statute of Limiting Liability and
therefore have to pay full value for the lost
items along with punitive damages?

Ruling
Hotel owner violated Statute Limiting
Liability and therefore cannot limit
liability of stolen property to $1,000
Court denied punitive damages

Rationale
Violated Florida’s Limiting Liability Satute by:
-- Only posting notice of Limiting Liability on the
interior door of the bathroom
-- Giving guests no documentation of their use of
the safety deposit box
Punitive Damages were not rewarded because
the hotel did not act outrageously, or with
fraud, malice, wantonness, or oppression.

Let’s Switch it up..If

 Had the Sonesta Beach Hotel had Notice of
Limited Liability posted elsewhere than just
the inside of the bathroom door in such place
as the hallway , office, or hotel lobby in which
to be clearly seen by any guest?
Or If The Hotel had given the Aniballi’s a
receipt for property stating property’s
value?(F.S.A. 509.111)

Then..
The Sonesta Beach Hotel wouldn’t have been
liable for anything over the $1,000 as covered
by the Florida Statutes (509.101 & 509.111).

The Sonesta Beach Hotel was found negligent for the loss of $85,000 worth of jewelry belonging to guests Sam and Margaret Aniballi. While the hotel had the guests sign an agreement limiting liability to $1,000, the court ruled the hotel violated Florida statutes by only posting the limitation of liability notice in the bathroom and not providing documentation of items stored in the safety deposit box. The court did not award punitive damages as the hotel's actions did not rise to the level of being outrageous, fraudulent, malicious, wanton or oppressive.

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HL Tigger Final

1. Aniballi v. Sonesta Beach Hotel Eily Ridge, Michaela Rivers, Jeanie Wallace, Annalisa Ellis

2. Facts  Sam Aniballi and his wife Margaret Aniballi were staying at Sonesta Beach Hotel (Dade County)  Guest checked in the hotel Feb. 22, 1980

3. More Facts  Upon entering their room they saw a safety deposit box  He went back down to the front desk and requested a key  He was asked to sign a “Safe Deposit Box-Statement of Value” card -- On the card it states that the hotel is only responsible for loss of items caused by the fault or NEGLIGENCE of the establishment. -- It also mentions the establishment is limited to $1,000  Mr. Aniballi signed this agreement saying he would not put anything of more than $1,000 of value in the safe

4. There are a lot of Facts.  Long, the front desk clerk working that day did in fact steal the Aniballi’s money and some money out of the cash register and never returned to work  The Aniballis filled the complaint of the loss of $85,000 worth of jewelry  Dade Country court granted guest motion for summary judgment  Found Hotels liability was limited to $1,000 -- Because Mr. Aniballi signed the notice at check-in

5. Issue Did Sonesta Beach Hotel not comply with the Florida Statute of Limiting Liability and therefore have to pay full value for the lost items along with punitive damages?

6. Ruling Hotel owner violated Statute Limiting Liability and therefore cannot limit liability of stolen property to $1,000 Court denied punitive damages

7. Rationale Violated Florida’s Limiting Liability Satute by: -- Only posting notice of Limiting Liability on the interior door of the bathroom -- Giving guests no documentation of their use of the safety deposit box Punitive Damages were not rewarded because the hotel did not act outrageously, or with fraud, malice, wantonness, or oppression.

8. Let’s Switch it up..If  Had the Sonesta Beach Hotel had Notice of Limited Liability posted elsewhere than just the inside of the bathroom door in such place as the hallway , office, or hotel lobby in which to be clearly seen by any guest? Or If The Hotel had given the Aniballi’s a receipt for property stating property’s value?(F.S.A. 509.111)

9. Then.. The Sonesta Beach Hotel wouldn’t have been liable for anything over the $1,000 as covered by the Florida Statutes (509.101 & 509.111).

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HL Tigger Final

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