QUESTION

can you sue a fast food franchise if one of their employees uses your debit card for multiple transactions causing undo stress and lots of time to fix

Asked on Apr 02nd, 2017 on Civil Litigation - Florida
More details to this question:
Did not get my debit card back from employee at drive thru from a taco bell. Next day I realized I had left it and when I looked at my bank statement I found multiple transactions made and my card was canceled. Filed a police report and had to go to bank to fix account issues and fraudulent charges. As far as I know the police are still investigating my case but I am curious on if I can sue the fast food place for the actions of their employees
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, but I think what you're really asking is whether you would win.  In my opinion, you have a shot, but probably not.  Employer's are responsible for the actions of their employees taken in the course of their employment and falling within the scope of their duties.  For example, if a waiter spilled boiling coffee over you and caused you third degree burns, his employer, the restaurant, would be liable for his negligence.  Here, you could argue that it was within the employee's duties to return your debit card and not to use it, but I think the view more likely to be taken by the court is that the employee's theft was not part of his job, and his employer is not responsible for it.  Also, even if the employer was held liable, neither it nor its employee would be held liable for your stress and time (unless it cost you time from your job, or other money earning activity), just any money you lost. 
Answered on Apr 03rd, 2017 at 8:38 AM

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