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.
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).