HELP...Is there anything I can do????

[kawehi17]

What is the name of your state (only U.S. law)? Hawaii
My daughters ipod was turned in to a restuarant in our small town. An employee that admits he knew it was my daughters ipod also, admits that he took it into his possession and was holding it until she could pick it up. The area that he claims he placed it, is only accessible to employees. I went to pick it up 4 days later, because I did not know they had it until then. The same employee told me it is now missing and said he doesn't think anybody took it, but he does not know where it is. Is it the responsibility of the restuarant, since their employee admits to having it? Is there anything I can do to make the restaurant give it back or replace the one that they now claim is missing?

 

[latigo]

The restaurant’s liability would be governed by the laws of bailment of which there are several categories with corresponding degrees of responsibility or due care required on the part of the bailee, or holder of the goods.

In this case with no benefit derived by the restaurant it would be classified as a gratuitous bailment. In which case the restaurant could only be held liable to the owner/bailor if it could be proved that it that it was grossly careless in the safekeeping of the item.

I would be very skeptical that such proof could be shown.

 

[kawehi17]

Thank you for answering, I really appreciate it!
Now my question is, wouldn't that be considered stealing, since the employee admitted he had the ipod? The area he told me he put it in until my daughter could pick it up, is in a basket, on a shelf about 5-6 feet tall and is only accessible to the employees. Which means, only an employee could have taken it. I don't think an ipod could jump out of the basket and disappear. I want to know, if I took them to small claims court, what are my chances of winning?
I really don't want to take them to court, I want to tell them that, then maybe it will make the person who took it, return it. But I want to make sure I actually have a case against them before I tell them that.