iPhone stolen while in Subway restaurant - advice needed

BigMama63

Our daughter had her iphone stolen while eating at the Subway restaurant on Oxford Road, Manchester just before Christmas. A homeless man appeared over her shoulder and distracted her by shoving leaflets into her face. Her phone was on the table right in front of her, after this guy had left the restaurant she realised her phone was missing. There was a CCTV camera just above their table but unfortunately we have been informed by the police that Subway had been having issues with their CCTV system and that on the date and time of the incident no footage had been recorded!
We understand there are Student Safe Zones in this area of Manchester but unfortunately Subway are not members of this scheme.
My questions are: Are Subway duty bound to ensure their customers are safe while eating on their premises? Are they obliged to ensure their CCTV cameras are operational at all times? Can we make a compensation claim against Subway for the loss of our daughter's phone?
Any help and advice would be much appreciated

custardy

BigMama63 wrote: »

Our daughter had her iphone stolen while eating at the Subway restaurant on Oxford Road, Manchester just before Christmas. A homeless man appeared over her shoulder and distracted her by shoving leaflets into her face. Her phone was on the table right in front of her, after this guy had left the restaurant she realised her phone was missing. There was a CCTV camera just above their table but unfortunately we have been informed by the police that Subway had been having issues with their CCTV system and that on the date and time of the incident no footage had been recorded!
We understand there are Student Safe Zones in this area of Manchester but unfortunately Subway are not members of this scheme.
My questions are: Are Subway duty bound to ensure their customers are safe while eating on their premises? Are they obliged to ensure their CCTV cameras are operational at all times? Can we make a compensation claim against Subway for the loss of our daughter's phone?
Any help and advice would be much appreciated

you have no hope.
If you had insurance,they wouldnt have paid out with the phone sitting on the table
personal responsibility!

RuthnJasper

Sorry OP. I know it's a horrible thing to happen, but Subway are not responsible for your daughter failing to keep her iPhone safe.

You could report it to the Police; that's probably your best option.

Hope things improve for you in the new year.

Buzby

I have to say - sitting at a table with an iPhone on display is just plain stupid IMO. Subway are required to ensure to the best of their ability that customers are safe, but this is no different than (say) leaving a wallet or purse on fully display - trying to make them liable is such a long shot as to be laughable.

Your daughter needs to be made aware that if she has valuables displayed, someone somewhere will wish to deprive her of it. She's just very lucky it wasn't by force.

GwylimT

Unfortunately your daughter is going to have to learn the hard way with this one, if you wouldn't leave £500 cash on a table when you shouldn't leave an iphone on a table.

peachyprice

Subway are liable for their customer's safety i.e making sure nobody slips on their floors, injures themselves on their tables and chairs etc., what they are not liable for is their customer's stupidity.

Your daughter has just learnt a valuable lesson in life. Leave a £500 phone lying around, it's likely to get pinched and she can't pass the blame onto anyone else.

macman

I can't believe you think that Subway are in any way liable. And as pointed out above, her mobile insurance won't cover it (if she has any) as she's left the phone unattended.
Would she leave £500 in crisp banknotes on a public table in full view? I think not.
You might ask them for a free sarnie voucher on a goodwill basis, that's about as much as you can hope for.
Just make sure the SIM is blocked before she gets a bill for many thousands if it wasn't PIN-locked-that could make the cost of the phone the least of her worries.

Ant555

And as pointed out above, her mobile insurance won't cover it (if she has any) as she's left the phone unattended.

Is a phone 'unattended' if its on a table infront of you and you are sat there?

I am not saying you are wrong, just interested if that is considered as being unattended.

custardy

Ant555 wrote: »

Is a phone 'unattended' if its on a table infront of you and you are sat there?

I am not saying you are wrong, just interested if that is considered as being unattended.

yes,try filing an insurance claim saying that's where it was.
if it was 'attended' then it wouldn't be free to be picked up

Nice_Weather_For_Ducks

Lets all play the blame game!!

I blame the parents, because if the daughter hadnt been born, she wouldnt have had her Iphone stolen.

JJ_Egan

Nice_Weather_For_Ducks wrote: »

Lets all play the blame game!!

I blame the parents, because if the daughter hadnt been born, she wouldnt have had her Iphone stolen.

Nope its all down to Steve Jobs if he had made a crap phone then it would not be stolen so often .