YA nude photo in the lost camera law suit

From the bbc:

A US couple is suing McDonald's for $3m (£2m) after nude photos of the woman, which were on her husband's mobile phone, ended up on the internet.

Phillip Sherman says he accidentally left his phone, with the photos, at a McDonald's in Fayetteville, Arkansas.

He says staff promised to secure the phone until he could retrieve it.

The Shermans claim they had to move to a new home after the woman's name, address, and phone number appeared online along with the photos.

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Was the phone found by an employee or a customer? If they could prove the phone was found by an employee, and that an employee put the photos online, and that McDonalds knew about it and didn't repremand the employee, they might have a case. However, I don't think restaurants are responsible for items left on their premises. I hate McD, I often find myself on their side in this kind of thing.

Yeah, I don't know if McD is really at fault here.

It's my understanding that he realized where he'd left the phone, contacted the restaurant, someone there stated he had located the phone and would (or had) secured it, and then later the pictures showed up online. Since it would have been impossible to upload the pictures without having the phone, the implication is that either the McD employee uploaded the pictures, or that he had not secured the phone when he said he had, and someone else got to it. That means that someone would have had to take the phone, get to a computer, upload, then return the phone back to the restaurant where they found it, which doesn't make sense. Which puts us right back at the McD employee.

chris,

Couldn't a customer find the phone, find the images, send them to his/her own email/phone, and then turn the phone in to the employees? He/she wouldn't have to post the images right away.

Yes, that could have happened. I'm just saying why they decided to attack McD's. I personally don't think they have a case unless they can track down electronically where the uploaded pics came from. Then they sue that person.