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Originally Posted by UGAalum94
But leaving your accessible phone someplace, not so much.
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It wasn't accessible when it was in the store's possession. Agents of the store actually took the phone and used it for a tortuous purpose while it was entrusted to them.
That's definitely not the same as it being left lying around. All of the plaintiff's responsibility to look after his own stuff evaporates when the manager says "Sure, I'll keep this until you can pick it up."
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And what I really think we can all expect from this is that now if you did happen to leave your phone at McDonald's, even if you have no concerns about photos on it, the policy will become that they refuse to secure it for you for fear of created liability.
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Or more likely -- they'll have the manager somehow secure the item. If it was in a locked desk or something of that nature (I'm sure there's a locked area somewhere), then they'll not be breaching their duty of reasonable care with regard to whatever's in their possession.