Submitted by MinR on Mon, 07/05/2010 - 07:28
Posted in
I don't know why I'm asking about this now, given how hot it is, but two months ago I checked my coat at a function room where a wedding was being held. Long story short, they lost my coat or I guess they gave it to someone else. I don't know. It was a $300 leather coat. The manager said that the stub I had contained a disclaimer about them not being responsible for any losses (it did) so that he could do nothing to help me, even though one of thier employees sits in the coat room the whole time. I was so shocked that I just kind of walked off to my car. Can I take the place to small claims court for the loss? Am I barred by the disclaimer?
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Editor's Response
The answer is yes, you can take them to small claims court. I don't believe Massachusetts courts would enforce the disclaimer and would more likely consider it void as against public policy. If the disclaimer was conspicuous and made known to the customer (you), then the club might be able to avoid liability for damage or loss that was out of its control. However, I don't think they can use a disclaimer to avoid liability for their own negligence. Coats don't just get up and walk away.
Of course, when you get to small claims court, you will need to establish your case. Hopefully you still have your stub and can prove how much the coat cost. Follow this link for more information about the small claims process in MA. Good luck.