Coat stolen from nightclub cloakroom

[keithcparry]

My son's girlfriend left her expensive coat (around £300 value) in the cloakroom of a nighclub on Christmas Eve 2015. When she went to collect it the cloakroom staff failed to find it after searching thoroughly. She was advised to phone today (26 December) to find out if it had been returned.
Sadly it had not, and on asking the member of staff of the club about the loss she was told that they were not liable for the loss and could not help reimburse the cost.
Any advice about what she should do will be gratefully received.

K Parry

[des8]

Re: Coat stolen from nightclub cloakroom

Hi and welcome
Here's a link to an older tread that you might find useful:http:///forums/showthread.php?48960-...albeagles.info
If she has household contents insurance policy, the loss might be covered under that.

[Openlaw15]

Re: Coat stolen from nightclub cloakroom

Did the girlfriend pay to use the Nightclub's cloakroom? Did she get a ticket for the services provided? If so, there is likely a contract. Was anything said to her at the time of using the cloakroom? Did they have this policy in writing on or near the cloakroom stating that the club refuses to be liable for any losses, in a visible place that the girlfriend could see (assuming she was sober when entering the nightclub)?

if so, this may protects the nightclub. What details can she remember, or what details about the policy can she find out?

[keithcparry]

Re: Coat stolen from nightclub cloakroom

Hi
Thanks for the responses.
No she was not given a ticket - apparently they usually write a number on the hand - but in this case they did not. She did not see any disclaimer notice and doesn't think there is one. No advice was given when she handed the coat in. She was sober when she arrived and departed and was very upset when she discovered the coat was missing. She has contacted the police who have stated it to be a civil matter. The nightclub manager has been very helpful and has not said anything about liability - however the young lady has advised the manager that she will be speaking to someone at the CAB as soon as possible. He did state that she should put the claim in writing and I have suggested that she does this and also include with this letter the receipt for the coat and a printout of an exact replacement from an online source to show the replacement cost.

Thanks - any further advice gratefully received. Incidentally the location is Glossop, Derbyshire.

[Openlaw15]

Re: Coat stolen from nightclub cloakroom

Hmm, shame she used an expensive coat for a night out.

If they did not write a number on the person's hand (the nightclub's procedure to protect visitors) there was no way of knowing whose clothing belonged to whom. It sounds like it's potentially negligence ie not just a contract issue. Negligence is defined as a breach of a duty (obligation owed)/ 'not reasonable in the circumstances.' Assuming there are no correctly termed disclaimers (ie exemption from liability clauses relating to third parties (others) losses), normally the nightclub is liable for such loss. The fact the nightclub cocked up its procedure for protecting club-goers indicates breach of duty obviously (ie not reasonable); as the person never mentioned any policies relating to losses also it indicates that he is aware of the problems and of course will be nice about it. He may be an amiable person but he may be being that way for a reason. Put your claim in writing to the nightclub manager and see how that goes, informing him you will take further action if there is no suitable remedy for the losses sustained. Your remedy requirement is adequate compensation to cover a replacement coat and other losses for distress caused by the event. You also want a guarantee that the nightclub will take preventative action to ensure this does not happen to others.

[keithcparry]

Re: Coat stolen from nightclub cloakroom

Thank you for the really helpful responses.

K Parry