2006-06-20 06:16:16 · 13 answers · asked by MZCARTER 6 in Politics & Government ➔ Law Enforcement & Police
She can't sue Burger King. She can sue the person who did it. Her bank should replace the money as long as she files a police report
2006-06-20 06:20:32 · answer #1 · answered by becca 3 · 0⤊ 0⤋
As others have stated: You can sue anyone for anything, prevailing in court is another matter, though.
I would recommend that your mom find that manager of the location in question and talk with him/her. If the manager doesn't resolve it quickly, you need to find out who owns the franchise (the name is usually posted in some conspicuous place in the restaurant). If the owner refuses to resolve it to her satisfaction, go to a lawyer. It may be peanuts in terms of the broader perspective, but if you sue the BK franchise, they may settle out of court and give you more than the 300. The lawyer would probably charge you that in the fist hour or two. But if you have a good case, the lawyer could get BK to pay his fee plus yours.
BK does have responsibility, assuming the card was stolen from your mom when she placed an order at BK. They could garnish the wages of the employee to get her 300 back, if they don't want to do this and just hope you go away, then it serves them right to have to pay your lawyer's fees on top of the 300. By taking the two steps above, you are trying to solve this reasonably without greed. If BK just ignores you, then teach them a lesson in customer etiquette.
And just an FYI to those out there who think that BK has no responsibility for this action, if an employee puts ground glass in the food, the restaurant where s/he works can be held liable in a civil court because they have the responsibility to hire employees who are not dangerous. That's why most of us have to undergo criminal background checks before getting a job. Wake up people, and live in the real world!
2006-06-20 06:46:23 · answer #2 · answered by portland_english 2 · 0⤊ 0⤋
See, this is what is so wrong with America. You are asking if your mom can sue someone who has nothing to do with the criminal activity. Why not just look to hold the person responcible that actually committed the act? In fact, maybe BK should sue you for libel (a written defamatory statement that conveys an unjustly unfavorable impression) in the process.
To answer your question, no your mom doesn't have a case against BK.
2006-06-20 06:26:47 · answer #3 · answered by Nate 3 · 0⤊ 0⤋
How does she comprehend who took it? Did the police look at? Has the BK worker been arrested? if so, then the courts could carry the BK worker in charge for reimbursing you IF the worker is got here upon to blame. yet your odds of gathering from a individual are slender. in case your mom stated the shortcoming of the debit card to her financial corporation, she should not be held in charge for any expenditures previous the 1st $50. She ought to sue the BK chain proprietor in small claims court docket to get well the lost money, yet she could have a tricky time proving motive -- the BK chain proprietor probable did no longer knowingly enable the worker to thieve or use the cardboard.
2016-10-31 04:42:40 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You can sue anybody for anything, but a lawyer won't look at you for $300.
I doubt BK will be held responsible for the criminal actions of one of its employees. If you know who did it, you might have some luck in small claims court.
2006-06-20 06:21:19 · answer #5 · answered by Pangolin 7 · 0⤊ 0⤋
Whoa really?
I think what an employee does after hours is not the responsiblity of a company.
I think the company can only terminate the employee once they find out. Gosh so sorry this happened. Hope your mother can resolve quickly.
good luck.
2006-06-20 06:22:45 · answer #6 · answered by Wanna-be-Dear-Abby 3 · 0⤊ 0⤋
1) Did she report her card as "stolen"?
2) Did she file a police report?
3) Does she remember the name of the BK employee? (take him/her for all he/she's worth!! Make sure the employee's name is on the police report if you know it.)
4) Has she talked with the BK general manager? (get the SOB fired ASAP!!)
2006-06-20 06:36:04 · answer #7 · answered by Yoda's Duck 6 · 0⤊ 0⤋
No. Unless Burger King was negligent and thus facilitated the theft.
2006-06-20 06:22:17 · answer #8 · answered by tisbedashit 3 · 0⤊ 0⤋
You can sue for any reason. She should consult an attorney or file a small claims suit.
2006-06-20 06:22:21 · answer #9 · answered by me:0) 2 · 0⤊ 0⤋
I GAINED A BUNCH OF WEIGHT AND MY LEVIS DON'T FIT ANYMORE.. I THINK I'LL SUE LEVI STRAUSS AND ALSO BURGER KING. GET A JOB AND GET A LIFE.
2006-06-20 06:32:20 · answer #10 · answered by greedygirl 2 · 0⤊ 0⤋