Last Friday I went to a Chinese restaurant. When the waiters were cleaning up, they took my dental retainers in the napkin and threw them away. I did not realize that until I was finished eating, like twenty minutes after. I told the owner and the owner gathered up the trash cans and the red cloth napkins, and I had to look through them with my friends. I could not find them.
So, I contacted my orthodontists, and they cost $390, $180 each and two pieces. I talked to the owner on the phone today and I "indirectly" showed that I wanted a reimbursement. I had to hang up. Unfortunately for this case, I know the owner personally (not so much closely). The owner isn't even willing to help me and she talked to me like it was all my fault, when the employees actually threw them away. I believe there is a reimbursement order I can get from a court to make them pay me? Can you provide me some information about that? I'm in Colorado, near Denver. Or else what would be a good way to handle this
2006-10-31 16:18:26 · 7 answers · asked by want2know 1 in Politics & Government ➔ Law & Ethics
Dont you love how people who know nothing about law make legal judgments about your liability?
The legal answer is as follows: You likely have a claim under the tort (a tort is a legal "wrong") called "trespass to chattels." A chattel is personal property. Look this one up in Colorado statutes.
Alternatively, now that I think about it, your claim more likely falls under negligence. You have to prove, among other things, that the resturant had a reasonable duty of care to not throw away your dentures, and they breached that duty.
In any event, you have to file in small claims court. Practically speaking, this alone will likely scare the resturant into settling your claim i.e. negotiating.
2006-10-31 16:51:18 · answer #1 · answered by sjlantry 1 · 1⤊ 1⤋
I agree that it's partially your responsibility. A napkin definitely is a bad place to put something so valuable. But it would be kind of the owner to offer to help with the replacement cost - perhaps pay half, although they aren't necessarily obligated to do so, and I'm fairly certain a court would agree.
2006-10-31 16:27:12 · answer #2 · answered by Anonymous · 2⤊ 0⤋
It's your fault. next time take better care of your things, especially ones that cost hundreds of dollars. Waitstaff shouldn't have to look through all the napkins for things people leave behind.
2006-10-31 16:37:15 · answer #3 · answered by GG Alan Alda 4 · 3⤊ 0⤋
save the glasses finished, in basic terms come to the table some situations you will locate from around the room if our glasses are empty. additionally extra napkins. i do no longer in basic terms like the conversations with the waiters i'm no longer there to have dinner with you so don't be overly friendly. different than that do in basic terms your job and you gets counsel. have exciting with it. sturdy good fortune.
2016-10-21 01:52:18 · answer #4 · answered by saggio 4 · 0⤊ 0⤋
Restaurants usually have signs posted that they aren't responsible for theft of your property.
2006-10-31 17:07:49 · answer #5 · answered by Anonymous · 1⤊ 0⤋
NOTIFY OWNER BY CERTIFIED MAIL. GAVE 10 DAYS TO RESPOND.THEN SUE IN SMALL CLAIMS COURT..MEANWHILE GET NEW DENTURE-ECT. NEED TO SHOW TOTL REPLACE COST INCLUDING EXAMS..
2006-10-31 16:24:17 · answer #6 · answered by cork 7 · 1⤊ 0⤋
You need to take responsibility, you purse would have been a better place to put them.
2006-10-31 16:22:51 · answer #7 · answered by lobo 4 · 0⤊ 0⤋