Legal Question in Consumer Law in Oregon

Restaraunt theft liablity

My keyboard got stolen at the site of a gig that I was playing. We leave the band equipment there overnite when playing the following nite (as Friday I leave it till Saturday when we play again) We hope the bar is watching it but I guess they were not. It was gone when I got there on saturday. Is the bar liable for it ? Will their insurance pay for it or am I just out a keyboard? I'd like them to buy me another one I feel they are at fault Thank You


Asked on 10/15/03, 7:33 pm

1 Answer from Attorneys

Noel Snyder Law Office of Noel Snyder

Re: Restaraunt theft liablity

The issue will probably turn on whether there was a bailment. A bailment is when you deliver goods to another with the express or implied representation that the other will care for the goods. So if the owner or manager of the restaurant said "go ahead leave the equipment here, it'll be safe" (expressed) or you said "If we leave the equipment here will it be safe" and the owner/manager accepts the equipment (implied) then it is likely that you would have a right to recovery. It may also be relevant if you left the equipment in an area exclusively controled by the restaurant (i.e. in an office). Absent factors such as thoses merely leaving your equipment in the public areas of a bar or restaurant for your convenience on the assumption that it will be safe - you are probably out a keyboard. Chalk it up to experience and next time have someone in charge affirm that they will watch it.

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Answered on 10/16/03, 12:04 pm


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