Is the restaurant liable if my car was stolen because they keys were in m coat which was also stolen?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is the restaurant liable if my car was stolen because they keys were in m coat which was also stolen?

My girlfriend and I went to dinner and when we walked into the restaurant they asked to take our coats. We gave them over and had dinner. When we finished and asked for our coats, after a short time they came back and told us that they must of been stolen. When I gave them my coat, I had placed my car keys inside pocket. When I went outside, I discovered that my car parked on the street had also been stolen. Is the restaurant liable for the loss of my car?

Asked on December 20, 2018 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they are not liable for the car.
First, they would not even be liable for the coat unless you can show that their security was deficient in some way. If they did what the average reasonable restaurant does with coat checks, but someone managed to steal the coat anyway, they are not liable: they do not insure your coat, but are only liable if you can show they were at fault.
Second, even if they would be liable for the coat, they would not be for the car. When someone is at fault and liable, they are only liable for the reasonably foreseeable, or logically predictable, consequences of their act or failure. It is not foreseeable that a coat being stolen results in a car being stolen, because in the vast majority of cases, if a coat is stolen, that does not cause a car to be stolen. A car being stolen is not a regular or logical consequence of a coat being stolen, and so the restaurant would not be liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption