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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118130
Experience:  Attorney with over 24 years experience.
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I had an iPhone stolen from me inside of an Apple Store during

Customer Question

I had an iPhone stolen from me inside of an Apple Store during an Apple learning class that I paid for. We were in the middle of the class when we were moved by an Apple employee to another location within the store. Within minutes I realized I had left my phone on the other table and went to get it and it was gone. One of the employees found my case outside of the store (strange) still as they offer no coverage for loss or stolen on their insurance I had to pay just south of $800.00 for a new phone. I feel very strongly that Apple has a role in this loss as I was there for the class that I paid for and they moved us in the middle of things. I have picked up the paper work to file a small claim against Apple but want to get an opinion on what are my chances as some have told me that Florida law in this matter would lean in my favor.
Submitted: 4 years ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In order to successfully win a case against Apple, you have to prove that as an invitee to the store they owed you a duty to protect your property from this type of harm or damage. The issue is proving that it was the fault of the owner of the premises for not providing proper security to invitees who left their personal items unattended. The success on your case depends on your evidence of the actions of the store, since if you prove they knew or should have known of this problem and failed to provide you better security, then under the heightened duty to invitees the FL courts would lean in your favor.

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Customer: replied 4 years ago.

The manager said that they have had this happen before and usually the phones are dumped in the bushes outside in the mall, so they are aware that this has happened before yet no postings to make customers more diligent.

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for that additional information.

That new information would be more proof of knowledge of the owner that they failed to warn the invitee to protect them from harm and they knew that there was a danger of harm occurring. This again is more in your favor.