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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hello I am currently undergoing physiotherapy from an accident

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I am currently undergoing physiotherapy from an accident i was in and whilst having physic, the therapist removed my necklace and placed it on the side. they never gave it back to me once treatment was finished and i only realised this when i arrived home. I did call them and they said they would search for it. They did recover my necklace but the diamond pendant that was on it was not attached. They are saying they cannot do anything about it. I do not want to claim on my own insurance as I'm not sure it covers out of home but can the physic be liable?
Hi, thank you for your question, I will assist you with this.

If you have left this in their premises, then they must take reasonable care of your belongings. Notices limiting their responsibility for possessions lost, stolen or damaged while in their care must be prominently displayed and will only have effect if they are reasonable.

If your belongings are lost, stolen or damaged while in the their care, albeit in this instance unintentionally, you should complain.

However, I am afraid practically this may be difficult to pursue. I am sure there would be signs up or terms and conditions advising that they are not responsible for any personal items left by visitors. But in addition to the notices, it is possible that the physio did not see a pendant on it and could claim there was no pendant, which would also be difficult for you to prove that there was. Have you asked the physio if they remember your pendant being on when they took it off? If they do, this could assist you.

The best option is for you to insist that further measures are undertaken to find the pendant or reimburse you and if not you will make a complain and take matters further.

Essentially I would imagine this was a treatment room and therefore it should have been safe or noticed by the physio and put in a secure place.

In reality, it may be a case of your word against theirs, but depending upon the value of the pendant, if you are not satisfied with their response (or their insurers) issue a money claim online for the value of the pendant.

I hope this helps. If you require anything further please let me know. I am going offline shortly but with be back later.
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