I went to a restaurant last night for Valentine's day with my wife. It's a small mom and pop type place. I left my sunglasses on the table when I left. When I got home, I realized I had forgotten them, so I immediately called back to the restaurant. The owner explained that he had found them when clearing the table and set them aside for me. I explained that I would be back the next day after work to grab them.

I went back tonight, but the owner could no longer find them. He spoke with the employees, but was still unable to find them.

Is the restaurant owner liable in any way for taking possession of mislaid property and then losing it? I assume an employee snatched them. The glasses cost me more than $200, so I'd like to get them back. I understand that I should have been more attentive and not left them in the first place. However...he had them in his possession and can no longer find them.

I will be curious to read what those in the know say, but you’re asking if the restaurant should be held liable for protecting something that you didn’t—?

not sure of the legality - but I suppose you could try to file theft charges ...

he admitted to having them - perhaps they were stolen - either by him or someone else while they were under his 'care'

doubt anything would come from it

but might hasten the perpetrator to return them

i have heard of cases like this when someone turns in a wallet and then the someone on the shift crew steals money / CCs from the wallet...

good luck

(ETA: why I don't pay $200 for sunglasses )

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Not in my opinion. If he were a true sociopath or Democratic politician he would merely say he misspoke initially.

You could have offered a reward along with your phone number should he come across them. There is a certain skill required to get people to give you information. Watch some detective shows.

The owner is 70 - 80 yes old, so it likely was not him. He indicated both on the phone and in person that he put them on his office desk, so he has no idea how they were misplaced. He did take my name and phone number.

quote:

Originally posted by Sig209:

not sure of the legality - but I suppose you could try to file theft charges

Who would you charge? The owner is not suspected. There are multiple employees, so in the absence of security video showing who took the glasses, how do you know who to charge? Is there a requirement for probable cause?

quote:

Originally posted by Sig209:

(ETA: why I don't pay $200 for sunglasses )

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My wife would agree, but we all have our vices. Living in the land of sun, I wear shades 9 hours a day, every day, all year. I have a perma-raccoon tan. My wife is probably hoping my raccoon face will go away.

quote:

Originally posted by lopezp:

quote:

Originally posted by Sig209:

(ETA: why I don't pay $200 for sunglasses

My wife would agree, but we all have our vices. Living in the land of sun, I wear shades 9 hours a day, every day, all year. I have a perma-raccoon tan. My wife is probably hoping my raccoon face will go away.

Yeah, I was thinking that two hundred is a bit pricy for sunglasses.

My general purpose glasses are tri-focal. I figured that I did not really need the intermediate segment for sunglasses, so mine are bi-focal. Lenses for my bi-focal prescription are $139 at Costco Optical, their frames start at $39 and go up from there. Or an $18 upcharge on the lenses if you use your own non-Costco frame.

I think you’ll have to eat it. You have no proof that you spoke to the owner and he agreed to anything.

Unless they have anything on video, you are likely SOL.

quote:

Originally posted by V-Tail:

quote:

Originally posted by lopezp:

quote:

Originally posted by Sig209:

(ETA: why I don't pay $200 for sunglasses

My wife would agree, but we all have our vices. Living in the land of sun, I wear shades 9 hours a day, every day, all year. I have a perma-raccoon tan. My wife is probably hoping my raccoon face will go away.

Yeah, I was thinking that two hundred is a bit pricy for sunglasses.

My general purpose glasses are tri-focal. I figured that I did not really need the intermediate segment for sunglasses, so mine are bi-focal. Lenses for my bi-focal prescription are $139 at Costco Optical, their frames start at $39 and go up from there. Or an $18 upcharge on the lenses if you use your own non-Costco frame.

I too am in the sun and out on the water most days from 8+ hours a day. Protecting my eyes is worth a lot more to me than the $250 I spend on the Maui Jim sunglasses I wear daily, which are optically correct and block all of the UV rays etc. etc.

OP: I really don't think you can charge the restaurant owner with anything. Sadly, if he didn't find them, and you called, you would have just chaulked it up as forgetfulness and they were lost forever. Chances are an employee has them, but how do you prove it? You could try offering a $50 reward there, no questions asked, and at least if you get them back for $50 it's a lot cheaper than buying new ones. Or walk the parking lot behind the restaurant and see if they're laying on a cars dashboard or something of one of the employees, but even then you can't prove they're yours.

Really? You forgot them....what would your thought process be if he told you he didn't have them?

As a matter of civil law, I'd guess the owner would be considered a "gratuitous bailee" - liable only if keeping them on his desk was "gross negligence."

quote:

Originally posted by V-Tail:

quote:

Originally posted by Sig209:

not sure of the legality - but I suppose you could try to file theft charges

Who would you charge? The owner is not suspected. There are multiple employees, so in the absence of security video showing who took the glasses, how do you know who to charge? Is there a requirement for probable cause?

I should have worded it better - opened a theft case... plenty of cases of theft are opened with no suspect

the owner admitted he had them - then he did not ? where did they go ? either he lost them or someone took them ...

it 'could' be investigated potentially. lots of crimes are investigated for less.

(guy drives away after stealing $40 of gas ... porch thief steals a $70 PS4 game by your front door ... etc)

not saying it WOULD be. Disclaimer - IANAL or LE so please correct me if I am wrong.

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It seems to me the owner was trying to help you. Someone stole from him. What can he do? A good faith effort on his part to help you (at no extra charge -- which is why I think you have no legal recourse).

I'd let it go.

NO



(what's with all the complicated answers)

Highlights the potential repercussions of trying to help someone.

From the owner's point of view; "no good deed goes unpunished".
Rod

Owner just needs this sign.

I don’t understand what you think you can do about it. Yes it’s a huge bummer to lose your glasses especially after someone says they have them but what are you going to do sue him.

Buy a new pair and move on.

I would agree with the multiple posts above.
Take it as a learning opportunity.

Having left my $160 sunglasses at Best Buy, I feel your pain.
I now have a strap attached and let them hang around my neck when out and about.