Legal Question in Civil Litigation in California
Underaged backpacks
My daughter is under 18. She goes to the local store every day after school. It is a very small mom & pop busniess. Lately, because of shoplifting they made it a policy for the students to leave their backpacks out on the sidewalk of the entrance of the store. If the students refuse to remove their backpacks they are not allowed in the store and if the manage to slip by with one on at the cash register they are refused service. Last week my daughters backpack was stolen outside of this store, mounting in about two-hundred dollars of lost books, as well as a cellular phone she carries for emergencys. Can we sue the store for damages? Is this busniess allowed to make the students remove their personal property for their service? What rights does 16 year-old have if they refuse service because she will not take off her backpack?
2 Answers from Attorneys
Re: Underaged backpacks
In order to give you a better idea of what your
legal remedies are I would need additional information.
I have seen similar signs at various stores informing
children that they need to leave their backpacks at
the counter, but always if a store asks you to
leave your belongings it is inside the store where
the clerk can keep a resonable watch on the backpacks
so they aren't stolen. Since it doesn't seem the case
in this situation I think you have a pretty good
case against the store for negligence.
If you would like a free consultation I would be
happy to set up a time for a phone conference and
discuss this case with you. You can contact me at
805-546-9909 or email me at [email protected] with your phone number and
a convenient time to reach you and I will give you
a call. I am based in San Luis Obispo, but I practice
law throughout the state.
I look forward to hearing from you.
Sincerely,
John Hayes,Esq.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
Re: Underaged backpacks
You may have a case, however more information is needed. What county did this occur in? Is the policy posted or only verbal? Did you daughter advise the people that valuable "stuff" was in the backpack? Has your daughter ever had problems with these people before?
Have you tried to settle with the owners? Was a police report taken?
Robert E. Drescher
Law Offices of Robert E. Drescher
23958 Avenida Crescenta
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