Theft of coat and keys from Bannatyne's Health Club

[Elaine_T]

Hi

 

I wonder if anyone could advise on a company's liability when property is stolen on their premises.

 

My sister and I had a 'spa day' at Bannatyne's Health Club in Birmingham on 24 January 2012. At the end of the day, my sister left the changing cubicle with her coat and, whilst she was drying her hair, someone stole her coat containing her car keys - replacement of both will cost around £300.

 

The Club says that it will not compensate her for the stolen items and referred us to the club rules (displayed in the Reception area) and signage in the changing rooms. No one at the time directed us to the Club Rules which were framed on the wall at chest height in normal letter font size. The signage in the changing rooms was actually located in the toilet area, which we did pass through to get to the spa, but I would argue that these signs were not very prominent.

 

I would really appreciate any advice offered.

 

Many thanks

Elaine

[ihateyes]

Was the coat in a locker? or did your sister sit it down to dry her hair?

 

If the latter your sister needs to accept responsibilty. if it was stolen from the locker, the the health club should investigate.

[Elaine_T]

Hi

 

Thanks for your reply. No the coat wasn't in a locker. My sister simply put the coat next to her while she was drying her hair.

 

I assumed that Bannatyne's would be insured for this sort of thing.

 

Elaine

[ScarletPimpernel]

As instructors in the armed forces are fond of saying - 'assume makes an ass of u and me'...

 

It is a general tenet of all insurance that the reasonable care must be taken to prevent loss - locking doors and closing windows when leaving home, for example. In this case, if Bannatyne's were insured for such things, or if your sister were to claim on her own insurance I suspect that the insurers would decline the claim because she didn't take reasonable care - she was next to the coat but failed to notice another person come and take it.

[theghost]

A sign makes little difference, its the kind of thing everyone should be expected to know!

 

As above, I think she will have to chalk it up as a loss.

 

The only way the club would be liable is if they had been negligent.