Yet another bonehead suing McD's

[ARMY_101]

To me, this is the relevant part.  If this can be proven, then the employee(s) were acting as agents for McDonald's® Corp. when they made this promise, and then failed to ensure that their customer's private information would remain secure.  Any employee should be aware that, when they make statements on behalf of their employer, that the employer is going to be held responsible for the content of those statements.

I could also see some issues arising surrounding the employees promising to keep it safe.  If the employees were promising to keep it safe, were they not agreeing to do so personally?  I still see it as coming back to the employees for promising to keep it safe, not the entire company.  (Were the employees even able to make a contract between the company and customer?)

 

[aesop081]

Its nice to see that in these challenging economic times, the tried and tested American way of getting rich has not been forgotten.

 

[Staff Weenie]

I've really got to wonder about people 'accidentally' leaving nude shots of themselves (or their wife), in such an easily accessible means. Look at the Paris Hilton crap - does anybody believe she really just 'forgot' her Palm Pilot with those videos in that bar? More like a way to get back into the media's eye. Or the Pamela Anderson tapes...

I've even got to wonder if this is just some publicity stunt for a start-up homemade porno site www.myhotwife.com because without the stupid lawsuit, it would be just some relatively unknown person's pics on the net, just like a billion others. Now, people are probably going to actively look for it - he could make far more off a web site than a lawsuit.

 

[Foxhound]

I could also see some issues arising surrounding the employees promising to keep it safe.  If the employees were promising to keep it safe, were they not agreeing to do so personally?  I still see it as coming back to the employees for promising to keep it safe, not the entire company.  (Were the employees even able to make a contract between the company and customer?)

Agreed!  Whoever made the promise may have personally failed to keep the promise, never considering the implications that this may have on the company, however, the company does not have the luxury of being able to disclaim promises made by their employees on their behalf.  Unfortunately, this appears to be a no-win situation for Mc Donald's®.

It still needs to be proven whether or not this un-named employee ever said, "Yes sir, I will, as an employee of McDonald's®, ensure that your phone remains secure until such time as you reclaim it.", or words to that effect.

The point remains that, as stated in the complaint, the customer believed he was speaking with a representative of McDonald's® and so, that being the case, the company would back up the representative's assurances.

 

[SupersonicMax]

Well, if you call the restaurant's phone number, I think it's reasonable to believe that the guy/gal taking on the other end is an employee, don't you think?

 

[Strike]

I don't think it makes it right for someone to take someone else's phone, browse through it, download the pictures on their personal computers and upload them online.  If I left my wallet by mistake in a restaurant, I expect my IDs, money and pictures to be intact, in my wallet when retrieve it from the store. 

Max brings up a good point.  Granted, using someone's credit cards is a whole other legal matter.  But then again, defamation of character has obviously occurred in this case and the complainants could very well have a legal right to sue.

As for whether the employees are responsible for the use of the phone or not, why not check the data logs?  When was the phone call made to MacD's?  When were the photos sent out?  If the happened AFTER the staff promised to secure the phone then it would seem to me that the staff are now responsible.  If they were sent out PRIOR to the phone call, then too bad, so sad.

 

[Foxhound]

I've really got to wonder about people 'accidentally' leaving nude shots of themselves (or their wife), in such an easily accessible means. Look at the Paris Hilton crap - does anybody believe she really just 'forgot' her Palm Pilot with those videos in that bar? More like a way to get back into the media's eye. Or the Pamela Anderson tapes...

I've even got to wonder if this is just some publicity stunt for a start-up homemade porno site www.myhotwife.com because without the stupid lawsuit, it would be just some relatively unknown person's pics on the net, just like a billion others. Now, people are probably going to actively look for it - he could make far more off a web site than a lawsuit.

Can you spell cynic? ;D

I find it just as likely that this is simply a case of, "Let's spice up the ol' sex life, honey.", followed by, "Oh sh*t honey, I forgot my phone at McDonald's®!"

 

[Eye In The Sky]

Just curious about the laws here in Canada, would the company be legally responsible for what happened to the cell phone that was left in their establishment?  Lets say some 16 year old employee took the phone, went home and put all the wife-nudie pics up on the Internet, would this still really be considered the fault of the company rather than the individual??

 

[Staff Weenie]

Cynic? I resemble that remark!

Now - all other points aside - try explaining THAT to your wife - "Hey Sweetie....remember when I got really drunk and came home at 4 am smelling of perfume, and you said this was the worst thing I could ever do to you...."

I wonder if said hubbie needs this lawsuit for reconstructive surgery in the nether regions...

 

[Strike]

Just curious about the laws here in Canada, would the company be legally responsible for what happened to the cell phone that was left in their establishment?  Lets say some 16 year old employee took the phone, went home and put all the wife-nudie pics up on the Internet, would this still really be considered the fault of the company rather than the individual??

Why not?  Let's use the wallet example again.  If the restaurant said they would secure the wallet and then one of the employees (or ANYONE in the place) got a hold of the credit card and started charging a bunch of stuff by phone what would you think?  What if the cell phone in question was used to call numbers overseas and the cell phone bill was racked up by hundreds of dollars prior to the owners returning?  I think the deciding factor here is if the phone was secured when the incidents happened.

 

[Eye In The Sky]

Why not?  Let's use the wallet example again.  If the restaurant said they would secure the wallet and then one of the employees (or ANYONE in the place) got a hold of the credit card and started charging a bunch of stuff by phone what would you think?  What if the cell phone in question was used to call numbers overseas and the cell phone bill was racked up by hundreds of dollars prior to the owners returning?  I think the deciding factor here is if the phone was secured when the incidents happened.

Well, because 'securing' a cell phone would likely mean what?  Placing it in the Managers office.  So for the sake of argument, lets say thats where it was, then Burgerflipper #1 goes into the office and steals it. 

Bah.  I still think it his own effin fault for leaving it there.  His stupidity may become their profit.  Thats retarded.

 

[aesop081]

Dont most places now have a " not responsible for articles left behind" - type policy ?

 

[Strike]

Dont most places now have a " not responsible for articles left behind" - type policy ?

Lost or stolen.

But in this case, it was no longer lost when the place agreed to keep it secure.

 

[ARMY_101]

Why not?  Let's use the wallet example again.  If the restaurant said they would secure the wallet and then one of the employees (or ANYONE in the place) got a hold of the credit card and started charging a bunch of stuff by phone what would you think?  What if the cell phone in question was used to call numbers overseas and the cell phone bill was racked up by hundreds of dollars prior to the owners returning?  I think the deciding factor here is if the phone was secured when the incidents happened.

If they did agree to keep it secure, then I believe they are still only liable to do so under reasonable grounds.  From my understanding of the law, if a wallet was held for someone in a safe, office, drawer, or within some sort of locked container, the store has fufilled its duty of care required.  It would be unreasonable to ask McDonald's to secure all customers leftover belongings in a locked safe in a locked desk in a locked office, in a locked... and so forth.

What is reasonable for McDonald's to do to keep this phone safe, if they had a responsibility to protect it?

 

[Jarnhamar]

Find who ever did it. Pin them down, take the same type of pictures as they stole then post it on the internet,

Pending assault charges aside. MacDonalds get's sued then should turn around and sue their one time employee.

 

[Strike]

...the store has done fufilled its duty of care required...

The meaning of the quote aside, I just found the wording of the above phrase way too funny.  Dukes of Hazzard shows just ran through my head there for a sec.  Sorry for the hijack.  Back to our regularly scheduled program. 

 

[George Wallace]

........., I just found the wording of the above phrase way too funny.  Dukes of Hazzard shows just ran through my head there for a sec.  Sorry for the hijack.  Back to our regularly scheduled program.   

That is what Radio Chatter is all about.  ;D