Legal Question in Civil Litigation in Minnesota
stolen purse by Mcdonalds employee
My wifes purse was stolen from a Mcdonalds resteraunt. My son threw-up and an employee grbbed her purse to clean it off. She left, forgetting her purse. When she went back and asked for it the manager said someone took it. The police were called to look at the survalince cameras but the manager said he forgot to put a tape in it. Can we do anything about this?
1 Answer from Attorneys
Re: stolen purse by Mcdonalds employee
You my possibly be able to recover against McDonald's or the individual franchise, if this was not a company store.
If the company employee admits taking your purse and not giving it back and they claim it just disappeared, they had a duty to take reasonable care of it while it was in their possession. Losing it, in my opinion, would not be using reasonable care.
There may also be an argument that when your wife turned the purse over to the employee, a bailment situation was created. I do not remember bailment law very well and this situation would have to be researched.
If the store denies taking your wife's purse to clean it and it becomes her word against the employee's, you may not be able to sustain your burden of proving it more likely than not that the employee took it. In a denial situation, it appears less likely you may be able to recover.
You would also need to prove what your damages are. This would require providing some evidence (receipts or comparable items receipts) as to everything that was in the purse, including the purse itself.