Quote:
Originally Posted by KSig RC
Is it necessary to go through the photos in the phone to identify its owner?
Once the McDonald's manager has offered to store the phone until the owner can receive it (thus taking on the obligation), does the owner have a reasonable expectation that the phone's contents will remain private? Note that this isn't "should" - not at all. Indeed, this argument really doesn't rely on the manager even knowing the phone's owner - but it's certainly stronger with that fact.
Do you think that posting the photos was harmful or damaging to the guy and his wife?
I think it's pretty clear that the answers to these three questions in combination explains the relative comparison - note that I never said "equivalent" either.
I mean . . . that's cool, but that's kind of a sketchy ethical or moral argument, more than a legal one. I don't think there's any doubt that the manager's actions harmed the plaintiffs, and there's really no justification for them. That's all you really need to sue, and although the guy was kind of an idiot, it doesn't mean he "earned" or "deserved" what happened. I think that's just a YMMV moment though, and likely just represents that we view things in this arena a little differently.
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I don't think that he earned or deserved what happened. I just don't think he should be able to hold someone else responsibly financially, especially to the tune of 3 millions dollars, for this.
I think we should go back to dueling pistols.
I also doubt some of the "facts" of the case and it colors my take no doubt. (What exactly did the manager promise? What did he actually do with the phone? Who really posted the photos and made the calls? Then, there's the question of how really damaging it was. The photos were up for 72 hours according to one report.)
One of my little hang ups in life is thinking that we try to make other people responsible for our errors too frequently. It seems like the guy's complaint on some level is that a third party failed to protect him from his own error and how someone else damaged him with his own error. It makes some sense to seek redress from the actual photo poster, but not from folks pretty far removed from the actual damaging acts.
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