Travel Warning: Inkeepers Laws Can Cost You – Just Ask This Marriott Guest
When almost $9,000 in luggage vanished, you’d think the world’s biggest hotel chain would reimburse its guest. You would be wrong.
America is back on the road, and if you stay in a hotel, today’s story may save you thousands of dollars as we look at something few travelers have heard of: Innkeepers Laws. Intended to protect hotels, they can cause guests more grief than one can imagine.
Let’s take California’s Innkeepers law — on the books since 1872 — which permitted Marriott, the world’s largest hotel chain, to engage in conduct that I can only describe as morally reprehensible, in effect validating a shocking rip-off of one of their guests enabled by a hotel employee.
Marriott’s mission statement is “to enhance the lives of our customers by creating and enabling unsurpassed vacation and leisure experiences.”
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
“And they sure did last year for Bob Sabouni, who checked into the San Francisco Marriott Marquis. His brief stay became an egregious example of a hotel using a grossly outdated statute to pour salt onto a wound of a guest – that they caused, ” observes Santa Monica, Calif.-based attorney and public relations consultant Nicole Wool, who has been closely following this case.
“What happened to Bob was so unfair, so unconscionable and shocking. Judging by comments posted online following television network news stories that went viral, this incident is not currying much favor with the public, and understandably so,” she notes.
Checked In But Room Not Ready
Based on court records and police reports, the facts of this case are not in dispute. In June of 2021 Sabouni and his friends chose the Marriott Marquis in San Francisco to attend a Giants game. Checking in, they were told their room wasn’t ready, so, the hotel valet held their luggage, giving them each a claim check.
Returning after the game, “Everyone’s bags were there but mine,” Bob said, according to news reports.
So, how could this have happened?
That afternoon, according to the judgement by San Francisco Superior Court Judge Jeffrey S. Ross, recorded on Marriott’s surveillance equipment, a man walked into the hotel saying that he checked his baggage but lost his claim check.
“Remarkably, without seeking any identification, a Marriott employee invited the man into the baggage room and allowed him to select the baggage he claimed to have checked,” the judgment states. “Sadly for Sabouni, Marriott gave the man all Sabouni’s possessions, including: a Briggs & Riley rollaway bag, a Tumi leather backpack, an iPad Pro, a MacBook Pro, a 4 TB hard drive, clothing, toiletries and personal items, which Sabouni values at $8,194.79.”
Marriott Initially Promised to Fully Reimburse Bob
“Discovering their negligence, the hotel staff initially promised to reimburse Bob, but then they refused. He went to small claims court, and obtained a judgment,” of $5,000, Wool notes, adding, “But instead of abiding by the court’s decision, Marriott’s attorney, Maria Lampasona, a partner with a major San Francisco law firm, filed an appeal!”
Judge Ross’ scathing opinion stated, “Rather than compensating its guest for a loss solely attributable to Marriott’s conduct, it relies on (an 1872 Innkeepers Law in the California Civil Code) section 1859 and contends its exposure should be limited to $500. Section 1859’s limit of liability has not been revised to accord with the current value of luggage, clothing and most notably computer equipment and its data.
“One might expect Marriott to recognize the aberration and, in the interest of customer relations, to pay the judgment. Instead, Marriott appealed.”
Judge Ross went on to state, “This is one of the rare instances where the law does not allow the court to achieve the equitable result as it must apply section 1859.”
The judge was able to increase the award to $1,553, still far lower than the approximately $9,000 loss Bob experienced.
Right and Wrong, Fairness, Morality and Marriott’s Lawyers
As the story went viral, many readers emailed and phoned, upset, asking:
“Even if this out-of-date law is still on the books, how could Marriott’s lawyer do this to their totally innocent guest? Didn’t anyone see the public relations fiasco this would create? How could they so easily ignore fundamental, right-and-wrong morality? Is this what they teach you in law school?”
Southern California employment law attorney Jay Rosenlieb, wrote:
“Appealing this case by relying on a statute from the 1800s was a boneheaded business decision and a public relations disaster.
“Lawyers must counsel clients regarding the consequences of strategies being considered. In this case, did their attorney warn them enforcing a statute from the 1800s is likely to trigger tremendous adverse publicity? Did she say, ‘Merely because you can use this archaic statute to save a few dollars does not mean you should!’
“Just because a lawyer can do something does not mean that it is the right thing to do – often, it is plain wrong!”
Hanford, Calif., business attorney Ron Jones offered these thoughts:
“Marriott spent substantial dollars on attorney’s fees on appeal so as not to pay out a small claims judgment, trampling common sense and fairness. ‘Do unto others ...’ The rules are there, easy to understand and to follow. Unfortunately, too many people don’t! Too many lawyers don’t.”
One reader phoned me, saying, “I was in Maria’s law school class and remember this message from our professors: Seek fairness, a just result, stand up to clients who ask you to use your skills to achieve patently wrong, unfair results. Remember the legacy of Nuremberg.”
Fresno-based Neil Williams, retired publisher of the Hanford Sentinel, wrote:
“The issue was obvious: Do the right and moral thing for your customer. Marriott’s attorney could have been the ‘hero’ by taking the lead in addressing such an outdated law and even seeing changes made to correct an obvious flaw on behalf of her client.”
The Bottom Line: Recommendations for Hotel Guests
Losses such as Bob’s are generally covered under homeowners and renters insurance — but a claim might trigger a premium increase. If you do have to file a claim, here’s a tip: While it is an extra step, insurance claims representatives recommend that when packing your luggage, take photos or a video to prove the contents.
And be extra cautious. When you’re on a trip, leave any valuables at home that you can. In other words, only pack what you can afford to lose.
I asked Marriott, their attorney and her senior partner for comment on the situation. So far, nothing.
To continue reading this article
please register for free
This is different from signing in to your print subscription
Why am I seeing this? Find out more here
After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
Is a Phased Retirement Right for You?
Want to keep working, just not as hard? A phased retirement may just be the answer.
By Kimberly Lankford Published
-
Four Tips to Make Your Sales Presentation a Winner
Being prepared and not being boring can go a long way toward persuading a potential customer to buy into what you’re offering.
By H. Dennis Beaver, Esq. Published
-
Four Tips to Make Your Sales Presentation a Winner
Being prepared and not being boring can go a long way toward persuading a potential customer to buy into what you’re offering.
By H. Dennis Beaver, Esq. Published
-
Pros and Cons of Waiting Until 70 to Claim Social Security
Waiting until 70 to file for Social Security benefits comes with a higher check, but there could be financial consequences to consider for you and your family.
By Patrick M. Simasko, J.D. Published
-
Now Could Be Time for Private Investors to Make Their Mark
The venture capital crunch may be easing, but it isn't over yet. That means there could be direct investment opportunities for private deal investors.
By Thomas Ruggie, ChFC®, CFP® Published
-
How to Stop Boredom From Ruining Your Happy Retirement
Retirees who explore new interests and have an active social life are more likely to find joy — and even greatness — in the newfound freedom of retirement.
By Richard P. Himmer, PhD Published
-
The Life-or-Death Answers We Owe Our Loved Ones
How our life ends isn’t always up to us, but that question too often must be answered by loved ones and health care workers who don’t know what we would want.
By Joel Theisen, RN Published
-
Hot Tips for Home Buyers and Sellers Right Now
Real estate looks to be especially hopping this spring, thanks to pent-up demand and buyers adjusting to higher mortgage rates. Here’s how you can prepare.
By Pam Krueger Published
-
Is 100 the New 70?
Eating well, exercising, getting plenty of sleep and managing chronic stress can help make you a SuperAger. Funding that long life requires longevity literacy.
By Phil Wright, Certified Fund Specialist Published
-
Nine Lessons to Be Learned From the Hilton Family Trust Contest
Disclaimers, good communication, post-marital agreements and more could help avoid conflict in a family after the owners of a wealthy estate pass away.
By John M. Goralka Published