hi, my boyfriend had a coat stolen in a restaurant last week. The restaurant has no sign saying they are not liable for missing items.
He usually never hangs the coat. it was a leather jos. a banks beautiful coat.
i need some advice. does he claim this on his home owners? does he ask the restaurant to cover it on their insurance? does he need a police report?
the manager said she never thought about it and they never had a coat stolen before. she was indifferent when he asked what they could do for him.
help
2007-01-15 10:25:17 · 6 answers · asked by trish s 1 in Politics & Government ➔ Law & Ethics
this is real fact.
The coat was hung in a coat closet behind the hostess desk. it was very crowded.
the coat was worth about $700 new and about 4 years old.
i asked about if a police report was needed for insurance filing purposes. we will get one if it is necessary.
i read on a website that if there is no sign posted you can think the place is SAFE to hang articles.
has anyone experienced this?
2007-01-15 10:53:54 · update #1
The restaurant may or may not be liable. Is this a public coat rack, or is it a coat CHECk. If the latter, then they may be a "bailee," with certain rules attached requiring that they take reasonable care to secure the property (unless it's disclaimed on a ticket). If it's out in the open, that's a tougher case.
Also, of course, the restaurant is not going to want the bad publicity that its patrons get their stuff stolen from the establishment (bad for business), so, even though this particular manager might not be helpful, it might be worth it to ask what they can do, with a little more force next time.
And since this law can vary a lot from jurisdiction to jurisdiction, you may want to ask a lawyer just to write you a letter. Sometimes can work wonders.
2007-01-15 10:41:46 · answer #1 · answered by Perdendosi 7 · 1⤊ 0⤋
Probably should have had a police report made at the time. The deductible on your b/f's insurance probably would higher than what the worth of the coat was, and filing a claim probably would put a mark against your b/f. To me, seems like the restaurant is not liable either, so looks like, you are out of luck on all counts. Sorry.
2007-01-15 10:35:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The restaurant doesn't need to post a sign disclaiming responsibility. The coat is placed in the cloak room for the benefit of the customer so the restaurant needs only to take minimal care to avoid liability. As long as they don't toss them out in the parking lot, they're probably off the hook.
He probably can claim it on his homeowner's insurance though unless it's a very expensive coat it's probably worth less than his deductible.
2007-01-15 10:37:24 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
You don't give us very much to go on. R U giving us your opinion or real fact. How old was the coat, was it hung in a secure spot, public spot or the back of your chair.
Think how much the restaurant could loose if it believed everytime someone said they had something lost. It starts with a police report. If you don't report it to the police why should anyone believe you?
2007-01-15 10:35:46 · answer #4 · answered by ttpawpaw 7 · 0⤊ 0⤋
I believe your out of luck he could prove the negligence was on your part
2007-01-15 10:31:22 · answer #5 · answered by Larry m 6 · 0⤊ 0⤋
He has no case and he should consider it a lesson learned.
2007-01-15 10:31:56 · answer #6 · answered by cheri b 5 · 0⤊ 0⤋