Is the jewelry store libel for the loss of my necklace because they put it on me in the store but it fell off shortly after I left the store?

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Is the jewelry store libel for the loss of my necklace because they put it on me in the store but it fell off shortly after I left the store?

Jewelry store put necklace on me in store and it
came off and was lost shortly after I left the store. I
was not able to find it.

Asked on February 28, 2018 under Business Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It would almost impossible to hold them liable: you would have to *prove* that it feel off due to either the negligence (carelessness) of an employee (e.g. not closing the clasp) or because it was defective (e.g. broken clasp). If it feel off for any other reason--you were bumped on the street and it got snagged on another person; it became snagged on your own arm or clothing and you pulled it off; etc.--or was lost/misplaced by you later, or was stolen by someone, etc. they are not liable. Because you would be suing them, the burden of proof would be on you--that is, you would have to prove that the store was at fault in causing the loss. It is not clear how you could effectively do that.


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