Legal Question in Consumer Law in Oklahoma

Debit Card Theft

Can a fast food chain be held responsible for one of their employees stealing my debit card through the drive thru window? Are they liable for any compensation for the trouble this employee has caused me?


Asked on 10/18/08, 11:37 am

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: Debit Card Theft

An employer will be liable for its employee's actions if the employee is acting within the scope of his employment, or if the employer was negligent in the hiring and oversight of the employee.

From your question it sounds like you believe someone jacked your debit card info and used it later. The proof you have of this scenario is key to answering your question. If you have hard evidence the person did it, you could argue the employer had a duty to ensure employees don't do this, and maybe a consumer protection angle as well. Also, the employer may have insurance to cover such actions, such as Employee Practices Liability coverage. Further, the individual may have a criminal consequence to deal with.

Much depends on the evidence you have. I'd suggest you get your evidence together and talk with an attorney for an assessment.

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Answered on 10/18/08, 2:49 pm


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