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Duty of Care - Lost Property

  • 31-10-2014 11:52am
    #1
    radharc
    Registered Users, Registered Users 2 Posts: 969 ✭✭✭


    Looking for some general guidance on the topic of lost property, I'm aware specific legal advice can't be given so will try to keep it as general as possible.

    Say a customer leaves a handbag behind them in a shop, pub , cafe whatever. Another customer hands that bag into management, explaining the situation.

    A short time later a lady approaches the manager stating they left their bag behind them and describes (the exterior of) the bag in detail. The manager gives the handbag to that lady. As it turns out, this lady must have observed the whole thing and chanced her arm. Cue the real owner subsequently turning up looking for her property, extremely upset, threatening legal action etc.

    Obviously management made an error but does the owner not share responsibility seeing as she misplaced the bag in the first place?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    There is a general duty of care in relation to the person property of your patrons. Appropriate signs/warnings can help alleviate some of the duty but if you take charge of someone's property, the duty becomes more pressing and immediate in order to avoid liability from acting inappropriately with the property.

    Strictly speaking, the business owner is responsible for taking steps to ensure the property is returned to its true owner.

    From the property owner's perspective, there are obstacles (such as the low value of a handbag) that may dissuade the owner from bringing a claim.

    There is a strong counter-argument to any suggestion that the property owner is partially responsible after the business owner has taken the property into care.


  • #3
    plodder
    Registered Users, Registered Users 2 Posts: 7,558 ✭✭✭plodder


    Hypothetically, what if the thief had seen the owner put her purse into the bag and was able to describe that as well? Presumably, there is some limit to a business's duty of care, and the owner is just the victim of a clever or opportunistic thief .. ?


  • #4
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Would the issue of bailment not arise also ?

    On the facts, I am thinking more in terms of gratuitous bailment as distinct from bailment for reward.


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