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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My bag containing 805 pounds was found in the theatre I had

Customer Question

My bag containing 805 pounds was found in the theatre I had been in. They tried to contact the police and one of the banks on my credit cards. No help from either. They place the bag and confirmed contents in their safe and after calling the back a week later did nothing more. Months passed and the police were contacted as the manager noticed the money had been stolen from the office safe. The police arrived took details, fingerprints etc and contacted me within hours. I was advised to collect my bag but that unfortunately while it was totally accepted how much was in my bag that it had been stolen and that the theatre were in no way responsible for making good on the theft. Is there no duty of care on the theatre re their employees conduct. I had a card in my purse with my photograph. I'm at the theatre with my children twice weekly. No effort beyond the phone calls was made to trace the owner of my bag. Is there anything I can do to get my money back?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The starting point is that the loss is not their responsibility I'm afraid.
They are not quite baillees because the bag was found rather than handed to them for safekeeping. They do still have a duty to take reasonable care of it though. The question here is whether they have done so or not.
They cannot do much more than place any valuables in a safe and contact the bank. The question really will be whether whoever did steal this money was able to do so because they did not take reasonable care. Obviously there must be some lapse on their part or it could not have happened but they are not required to show that they were perfect. They just have to take reasonable steps.
It is unclear here how this did take place. I don't suppose they know themselves for certain. You can always ask them to comment upon the steps that they took. If they admit any neglect then you might be able to act upon it.
In truth though, I'm afraid the officer was probably being realistic.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo

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