I left an Ipad on a tread mill at my gym the afternoon of 11/10/12. Realized it was missing morning 11/11/12 and called the gym. Front employee desk said they were in possession of it and would keep it secure until I could retrieve it 11/12/12. On 11/12 no one could find it and it appears to have been stolen by a gym employee. The owner does not dispute the facts but also denies any responsibility. What is the law in this case regarding possession of mislaid property, the contract that the employee made with me regarding the items security and the responsibility of an employer for the actions of employees?
2 Answers from Attorneys
If someone stole the iPad and is caught, they are responsible for their actions. Of course, there was no "contract" of any kind because someone offered to do you a favor after you negligently lost your iPad.
Legally, they probably have no liability (and I bet your contract with the gym reinforces that).
This is a customer service issue. If the owner is a good person, he pays you the value of a used iPad or comps your membership a while. If he's a jerk, he says no. The way you reward a jerk is to cancel your membership, tell all your friends, and find a new gym.
Ultimately this is your fault, but customers always vote with their feet. And that's your choice at day's end.
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