Nude Pics in Phone Lost at McDonald's Get Online

I take nude photos of the dogs all the time . . . and i don't care who sees them . . .

Well....I did take a pic of my cleavage on my husbands cell phone one time...I did have the shirt on though....and of course he lost that phone. Thankfully, it was in Texas somewhere and not at the church.

I hope it wasn't at the church....

the lawsuit is insane, part of the danger of having nude pics on your phone

if it was a mcdonalds employee, and he didn't turn the phone into the manager he should be fired, and the owners of the phone should sue him, but the company beyond that has no responsibilty

Theoretically, I agree with you. Actually, I would be curious as to what law was broken. The problem is, in our litigious society, McDonald's just might be held liable for damages. At the least, I would bet that they would settle out of court, to make the whole thing go away.

that's probably what the folks are hoping for, most stores have signs posted that they are not responsible for lost or stolen property

It's a question of negligence. My understanding of the fact pattern is:

• a piece of property was lost at a place of business
  
• an employee or employees of said business found said piece of property
  
• the employee(s) (and presumably the manager, although that's unclear from the facts as presented) promised to secure the piece of property until the owner retrieved it
  
• there is nothing in the fact pattern indicating that the retrieval of the property was delayed in any unreasonable manner
  
• there is nothing in the fact pattern indicating that it was necessary to use the property in order to either protect life and limb or protect the property (e. g. it was not a dangerous piece of equipment that needed to somehow be used in order to diminish danger to persons, nor did it need to be used in order to protect it. Think of having to plug in a refrigerator if there was something in it -- also belonging to the property owner -- requiring preservation, or perhaps a hand grenade that a person would have to hold the pin down on or a gun where a person might need to unload it or put on the safety in order to protect people around it)
  
• an employee or employees used the piece of equipment with neither the owner's knowledge nor consent
  
• the owner's consent would not have been forthcoming. The owner did not permit the employee(s) to use the piece of property and it is not reasonable to assume that the owner would have granted said permission.
  
• the use of the piece of property resulted in emotional distress and possible loss or diminishment of the property owner's reputation.
  
• these losses are considered to be measurable damages
  
• it is unclear whether the employee(s) were acting under the direction of anyone in management at the company
  
• the location is a franchise which may or may not be under the governance of corporate headquarters with regard to the personal conduct of the employees.

Anyway -- by looking at it that way and removing any talk of nude pics and cel phones -- the bottom line is that an assurance was made that the phone would be secured, it wasn't, and as a result there was embarrassment and distress which are indeed actionable. The only real question is whether the franchise location's employees' personal conduct can be pinned on corporate HQ. Make no mistake about it, Mickey D's will fight this and will try to pin it on the franchisor him/herself. And this lawsuit, if the plaintiff's attorney is at all competent, is against both corporate HQ and the franchisor. Liability is more or less a given (there's negligence, there's reliance and there are measurable damages, although they may be kinda small); it's up to the defendants to duke it out on who's responsible for the employee(s).

My money is on the franchisor being put on the hook for this, as we are not talking about major things like civil rights violations or insider trading. Corporate HQ is in this lawsuit because they have deep pockets, and the plaintiff is hoping for some cash from them as well as the franchisor, but dollars to McNuggets, the lion's share of the liability will rest at the feet of the franchisor.

Hey Kicky, remember those crotch shots you sent me that one time you were upset? Well, I lost that phone....

I would know that only for here in Germany. And there are quite a few: unlawful use of found property, privacy laws, copyright laws, ... and it's unconstitutional (protection of family/marriage/partnership; privacy of correspondence, posts and telecommunications).



Edited: what Jespah said

I just want to see the pics...anyone got a link?

"Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald's restaurant and the photos ended up online. Now he and his wife, Tina, are suing the McDonald's Corp., the franchise owner and the store manager."

Apparently, the photos were removed from the site 72 hours after posting. This was back in July. I guess you are not "lovin it" that they are not available.

This is a killing offense. If the pictures were of a naked terdpid, it would be a no-trial hanging offense.

It used to be that if you had regular photos of yourself or spouse nude and left your purse at McD, or anywhere else, that the photos would probably be viewed and passed around the restaurant staff. Now that we have the internet, many other restaurant staff members . . . around the world can partake in this normal activity. People love to air other's dirty laundry. Moral of story: Either clean your laundry before you go out, or leave it at home where it belongs. They will not win this case, as there is a sign in every establishment that states: We are not responsible for your lost or misplaced items.

Hubby and I, both fairly recently working in claims--all lines--concur. The lawsuit will prevail though most likely will be settled out of court. As it was an intentional act, however, it is likely that McDonald's insurance will not cover. This could be a bad one, but could go either way if the staff can convince a majority on the jury that it wasn't THEM who put the pics on the internet.

That could turn into quite a money-making scam. Take some nude pics on a cell phone, download them to a cheap laptop but save the originals on the phone. Go to a retailer, "lose your phone" and then call and ask them to secure it until you get there. Meanwhile you have someone else going to an internet cafe to upload the pics to the internet and ditch the laptop.

File a lawsut and hit the lottery. Rinse and repeat.

Thanks for the clarification, 'trep.

Shameless Huskey!