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Jacket mislaid at restaurant

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  • 04-12-2009 4:38pm
    #1
    mamamouse
    Closed Accounts Posts: 2 ✭


    I'm a first time poster and not sure if this is the correct forum but hope someone can redirect/help me. In short visited a restaurant recently and left my jacket with member of staff. On leaving discovered my jacket was gone. Advised by restaurant another customer had taken it in error and was to return it. Jacket returned not mine and different style contacted and advised restaurant. After several calls and now letters Restaurant are now claiming they cant accept liability in this instance.
    Has this happened to anyone before? Where do I stand? Any advice on what can be done? Jacket was a gift from new hubby while on honeymoon.


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    #2
    Miaireland
    Registered Users Posts: 4,065 ✭✭✭Miaireland


    You could always go to the Small Claims court.


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    #3
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,317 CMod ✭✭✭✭Nody


    Miaireland wrote: »
    You could always go to the Small Claims court.
    On what ground?

    The question is how was it accepted and if you got anything as to show you handed it over. For exampel if they simply took your jacket and hanged it on a normal stand then sorry I can't really see a come back. If they on the other hand charged you or handed you a token for it I'd move towards a contract for a service instead.

    Second part is; what do you, the OP, want out of this? The resturant has no idea who has your jacket most likely nor do they have any real way of getting it back either.


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    #4
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    If the restaurant managed the cloakroom, i.e. no-one else went in or out of it except staff, then they implicitly accepted liability by taking your jacket from you in the first place. If the cloakroom was unmanned or otherwise patrons went in and out of their own accord, then there may no be liability on the part of the restaurant.

    You may or may not be able to submit a small claims procedure for this. The Small Claims Registrar can advise you: www.courts.ie

    Otherwise if you're persistent and reasonable the restaurant may offer to compensate you part of the cos of the jacket.


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    #5
    preilly79
    Closed Accounts Posts: 627 ✭✭✭preilly79


    Nody wrote: »
    On what ground?
    Duty of care? Does that apply?


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    #6
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,317 CMod ✭✭✭✭Nody


    preilly79 wrote: »
    Duty of care? Does that apply?
    Well Seamus has covered the point; the answer is maybe at this stage as we don't have enough information of where/how it was stored.


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    #7
    mamamouse
    Closed Accounts Posts: 2 ✭mamamouse


    thanks for the advise so far. Member of staff asked for coat as we were being seated as well as some other members of our party. No tokens/tickets exchanged. Assumed staff maintained area where coats were stored but never thought to ask as was an up market restaurant. Saw no signs at time indicating items left at owners risk nor did staff member advise. The coat is irreplaceable in my eyes as it was bought in Dubai on my honeymoon, I was hoping to get some form of compensation to go towards a new similar jacket. It was a versatile jacket that suited so many occassions which I am feeling the loss of.


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    #8
    littlejukka
    Closed Accounts Posts: 423 ✭✭littlejukka


    mamamouse wrote: »
    thanks for the advise so far. Member of staff asked for coat as we were being seated as well as some other members of our party. No tokens/tickets exchanged. Assumed staff maintained area where coats were stored but never thought to ask as was an up market restaurant. Saw no signs at time indicating items left at owners risk nor did staff member advise. The coat is irreplaceable in my eyes as it was bought in Dubai on my honeymoon, I was hoping to get some form of compensation to go towards a new similar jacket. It was a versatile jacket that suited so many occassions which I am feeling the loss of.


    they are absolutely responsible for the jacket. i would write immediately to the manager and include a receipt for it if you can. if they take it from you and put it out of sight, they are responsible for it, same as valet parking or any cloakroom.


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    #9
    djk1000
    Closed Accounts Posts: 899 ✭✭✭djk1000


    littlejukka wrote: »
    they are absolutely responsible for the jacket. i would write immediately to the manager and include a receipt for it if you can. if they take it from you and put it out of sight, they are responsible for it, same as valet parking or any cloakroom.

    +1 clear duty of care, doesn't matter what they say or what they have on a sign somewhere. They took the coat, they are responsible until they give it back.


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