Legal Question in Consumer Law in Michigan

Distruction of Property by a worker at an establishment

Hello!

I was at a resturant/bar with my husband outside the establishment. A person that we were with got into a verbal altercation with someone outside and my husband began to tape the incident. Not for legal purposes but just for personal use. The bouncer at the club grabbed tried to take the phone out of his hand and while doing so, broke the LCD screen on the phone, making it unusable. I saw what was going on and told him to let go, because it was my phone, and he did. However, now the phone is junk.

Does this establishement, that has no posted rules about taping outside or on the property have the right to destroy the phone which is our personal property?


Asked on 11/08/08, 4:44 pm

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Distruction of Property by a worker at an establishment

Absolutely not! When you are in public typically, this is public domain in which there is no expectation of privacy. I can take photos of anyone on the street or video tape them. It is when I try to sell those photos and make money without the permission of the subjects that I run into trouble.

The establishment owes you not only for your phone, but also for the assault. This can be a civil and criminal matter.

If you have further questions or concerns, please contact me via my website at www.lawrefs.com.

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Answered on 11/08/08, 4:52 pm


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