Legal Question in Consumer Law in Pennsylvania

''Problem'' In a Bar

Do these people have a case against me?

I was in a bar one night, that I visit semi-regularly. I left a $5 tip, and was getting ready to leave... It was slightly past closing-time, but people were still there. I asked to use the bathroom, they said no, and I got a little bit mad so I took my $5 tip back off the bar.

Some time later, probably around 2 weeks or so, I went back. I sat down, ordered a beer and a piece of pizza. 10 mins later the manager asked ''Are you getting that to go?'' I knew something was wrong, and I said ''no.''

He then told me that I had to get the f* out and not come back because of the incident, and that I had to leave right now ''before he calls the cops.'' I was not beligerent at all, and I apologized and tried to briefly explain why I did it. He then went on to say that I took someone's $10 bar tab fee, and he's got cameras, but THEY DO NOT RUN TABS. I took the $5 that I left for a tip.

I felt bad about the misunderstanding, and I returned soon. The other guy was like ''get the f* out!!'' like 3 times. I just threw a $10 bill on the counter near the entrance, pointed to it, apologized again, and left immediately. I felt like I wanted to make it right, even though I'll never go there again


Asked on 4/12/07, 11:31 pm

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: ''Problem'' In a Bar

Do they have a case against you? I can't imagine that they do, assuming the facts exactly as you told them. They might have a case for trespass, but what would their damages be? Think about it, what lawyer would take that on a contingent fee? He would have to front all the money and insist that you owe enough to pay the bar and his fees. Based on the facts as you have recited them, there COULD be a trespass claim, but for nominal damages...like one dollar.

It sounds to me like there is some other reason you may have been asked to leave. If you want to really try to get back in the bar's good graces, I would send them a letter, via regular mail, explaining what happened, what you did to try to remedy the same, and hoping that this letter clears up the "misunderstanding". Add that if they have any questions, or if they no longer want me on the premises, to please let me know, but otherwise, I look forward to seeing your staff and patronizing your business.

You'd be surprised how far a letter can go. Also, note that the letter puts the ball in their court, to tell you if they don't want you there. That way, if you go back, you can wave the letter around and at least say you formally asked them if you were no longer invited.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

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Answered on 4/13/07, 12:20 am


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