iPhone stolen

Markee

Not sure where to post this, this seemed the most logical.

All names withheld.

My partners iPhone was stolen back in June. Bascically, she put it down on the counter at the checkouts in a small supermarket. A member of the public picked it up and handed it in to a staff member who pocketed it and took it home....

We reported the phone as stolen to the police, who went to the store and viewed the CCTV footage which showed the events above. The member of staff was arrested, admitted the offence (as he not only knowingly stole the phone but abused a position of trust), now has a criminal record but says he gave the phone away and has no way of getting it back. He is 17 so technically (we keep being told) is a youth.

As he now does not have a job (he was dismissed from the supermarket), he says he has no money to pay to replace the phone.

I have made a data request to the police for his details (that they are saying at the moment they may not be able to give to us due to him being a youth) so that we can take a civil action against him, but even if it's ruled in our favour (which it will as he's admitted guilt there's no element of doubt), there is no guarantee we will get our money due to his financial situation and be £50 down for a small claims court hearing.

Has anyone got any views on other avenues such as how we should go about approaching the supermarket for compensation on the basis their public liability insurance may cover this? Don't really think it's fair the supermarket should have to cough up, but as he is a youth he is technically in their care and his conduct their responsibility?

PS we are not prepared to claim on our home insurance due to the £150 excess for iPhones and increased premiums in the future for making a claim - we do not see why we should be out of pocket.

Thank you.

crazyguy

I would write to the supermarket and explain as you have done here and await there response, I would think they may not want any further action and would probably aim to resolve this with you !

pendulum

I would be very surprised if the supermarket refused to pay for this. Your level of evidence that their employee stole the phone seems excellent, and once he, as a staff member on duty at the time, accepted custody of the phone on behalf of the supermarket (the person who handed it in no doubt expected it to be put in to the supermarket's lost property system), there's a very good chance the employer has become liable.

crazyguy

Its worth a go though , and then if they fail to assist then I would write back and say that you will write to the local paper and also look at a small court claim,

Markee

Thanks for your assistance and quick replies guys.

I will post an update on here when I get this resolved!

halibut2209

Please do

Markee

Update:

Have received a reply to my letter to the supermarket:

"We are unable to accept responsibility for what has been the criminal act of a third party"

The iPhone was stolen whilst carrying out his duties at the supermarket. So, watch out guys - if an employee of a supermarket or shop commits a Criminal Act on you, the shop will take no responsibility!

So now I have make a Data Protection request to the police for the guys details so I can instigate court proceedings in the small claims court. Dont hold out much hope though, as he's unemployed so will claim he's got no money to pay...

What's peoples thoughts as to whether I can pursue the supermarket further, or is that a lost cause? (The supermarket is one of the big four, but may name and shame them on here at a later date...)

halibut2209

I would still pursue the supermarket. I don't believe he is a "third party"

And my money is on ASDA.

DCFC79

Well it makes sense the store wont pay out, i just take responsibility for my actions and dont leave my phone behind in a shop. What are you going to pursue the supermarket with ? Was the letter from the stores HO or from the actual store itself ?

Valli

Since the employee was NOT acting under the direction of his manager when he pocketed the i phone then, in law, the supermarket is NOT responsible. Employees are liable for the actions of the employees when the employees are carrying out their contracted duty.

(The law I am quoting here is Vicarious liability btw)

However, were it me I would still be chasing the supermarket for this one; mainly because they have money and the former employee does not. It would show goodwill were they to replace the phone.

But I would hedge my bets and go to the police for his details, too.

Markee

DCFC79 wrote: »

Well it makes sense the store wont pay out, i just take responsibility for my actions and dont leave my phone behind in a shop. What are you going to pursue the supermarket with ? Was the letter from the stores HO or from the actual store itself ?

If the phone was left and someone took it then yeah hands up. But thanks for stating the obvious, very helpful.

The issue here is that the phone was found by another customer and handed in to a member of the supermarkets staff who put it in his pocket and took it home.

Surely this puts an onus on the supermarket as the member of staff abused a position of trust?