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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92502
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Long story short....lost phone at gym...called next morning;

Customer Question

Long story short....lost phone at gym...called next morning; gym stated they found phone....went later that day...cant find phone....called morning spoke with manager...phone cannot be located

I think the phone is lost...the fact that they told me they found my phone makes me think they have some responsibility...do I have a case or is my phone lost?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Ordinarily, a premises is not responsible for lost property of customers. However, if you can prove they actually had the phone in their possession and then lost it again, then this would be grounds to seek to hold them liable for the damages as they were a gratuitous bailee who had to exercise ordinary care to preserve your property for you. The difficulty in this case would be proving they actually did have the phone or that they did find the phone as all you have is someone on the phone saying they had the phone (and the chances of you getting that person to admit that in court might be very tough). However, presuming you can actually prove they had the phone, you can seek to not only hold them liable for losing it again and you can also file a theft complaint as it is likely someone stole it from the gym as they likely failed to take ordinary care to preserve the phone for you.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92502
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thanks for the answer! The only evidence I have that she actually found the phone is per her report. She asked me to identify the phone to "ensure" I was the correct owner. After I described the phone, she stated that she had a phone that met my description.


 


The only thing I could think of is that the video cameras could possibly see her on the phone with me holding the phone.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, the video could prove your case and you need to send them an immediate "electronic evidence preservation" letter (See: Sample Letter). You also need to report the theft to the police, since as I said above it is likely an employee sole the phone after she found it. The police will seek to view the video as well.

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