Legal Question in Civil Litigation in New York

I work at an amusement park as a ride operator. In the front of the park is a BIG sign that says "not responsible for lost or stolen items". The ride i work at is a high thrill. it goes upside down and spins fast. When people see this, they ask if they can leave their belongings in front of my booth at their own risk such as bags, glasses, and phones . For bags, they place it by my booth themselves. For glasses and phones, I take them and place them by the operating machine. I dont have to do this but I do it so they dont have to go through the hassle of trying to find somewhere/ someone to hold it that's off the line. At the end of the ride they can retrieve their belongings. It is not my job to remember who's belongings belongs to who , so anyone can come to me at the end of the ride and say "thats mine" and i give it to them . One lady claims she did exactly this. She gave her glasses to me . At the end of the ride, instead of coming to retrieve the glasses, she went to another ride and got on claiming she forgot because she was distracted by her young daughter. At the end of the night when the park was closing , she came back to my ride to retrieve them and they were not there. I had already left for the night. She is now suing me for $320 for a replacement of her glasses. Is she right?


Asked on 7/28/10, 10:51 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

It's unlikely that a judge would hold you responsible for her glasses in this instance. Show up in Court and emphasize that your job is to ensure the safety of the riders -- not to watch over the riders' belongings.

Good luck!

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Answered on 8/06/10, 3:04 am


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