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Mcdonalds Being Sued For Nude Photos - Page 2

I can see that if they sent the e-mail from the store to their own home or private e-mail then no harm if they kept them for their own private enjoyment. SInce the photos were then uploaded on the internet you can say that the person who originally sent the pictures from the phone was an assessory at the least and that they did not have permission to access nor copy the pictures. This could turn into invasion of privacy by making copies of these photos. The person who did this from the store or elsewhere is what is needed for us to know in order to make a better informed decision.

I agree if I was on the jury I would not give them more than $1.

Photos Nude Sued Mcdonalds

I thought about the invasion of privacy angle, but was hard pressed to agree that it was privacy when the guy was carrying it around in public and had no security on it what so ever.

Too bad we will likely never hear how it ends when McDonalds gives them a little coin and the whole thing goes away just like the spilled coffee while driving was settled out of court.

Mcdonalds Being Sued For Nude Photos Reviews Consumer & Travel Family Culture

Yeah that is what I am thinking too. It is going to be settled out of court and another first will be made.

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Well I did not know that. The more I read your post Vincenzo, the more I began to wonder, did the person who uploaded those nude pictures along with the woman's name and address, actually know the couple? I have to wonder if this was a case of good old fashion revenge. I could understand that the person probably got money for the pictures but I fail to see the logic in submitting the name and address of the person, along with the nude pics. Sounds like someone is nursing a personal vendetta here!

Okay, true, I forgot about the seeking permission part.

The threats via email and phone calls, that is a very serious matter. I suppose we could all speculate that whoever uploaded the pics is very angry about the lawsuit, hence the reason for the threats. I could empathize with the couple to an extent for suing for the fear and distress. However, for the humiliation, I still say they brought this problem to their own doorstep. It was careless for the spouse to leave his cell at the fast food restaurant and it was equally foolish for the woman to send her spouse the naked pics.

Claiming for relocation costs is just plain greedy. I agree with you Vincenzo when you indicated that posting anything on the internet is always permanent. There is no way they could hide from it unless they move to an Amish community, where computers are not permitted.

Rather off topic, but... Haven't this couple ever heard about Paris Hilton? She had pictures of herself kissing her girlfriends on her cell, somehow hacked into her cell and posted the pics for the whole world to see. I still say having those pics on a cell phone is very risky.

This is an excellent question. I suppose one could argue that the restaurant could be held accountable since the man's mother was contacted and a promise was made, to keep the cell until the owner claimed it. But it still doesn't solve the mystery of "who did it?" Suppose the employee placed the cell somewhere and someone else stole it? If that was the case, then the plot thickens.

Well that is an interesting question Vincenzo. I believe that this raises the question of the integrity of the employees of McDonalds. If someone promised via telephone to keep the cell safe, then yes, I believe that McDonalds could be held accountable because it appears that the employees of McDonalds are very dishonest and cannot be trusted. This in turn tarnishes the image of the whole fast food restaurant.

From another standpoint, I have to wonder if it is possible for Macdonalds to exonerate themselves by firing the employee (once the couple could prove who did it) and allow the couple to sue the employee and not the company. But the law can be very complex in certain countries...

Photos Nude Sued Mcdonalds

I cannot even phathom why they would promise to keep the cellphone "safe" to his mother? Did his mother know there were naked pictures of the Mrs. on the cellphone? Likely not. This is one part of the story I believe is being enriched or enhanced. I can easily see them saying that we will "hold on to it" for your son until he can come and get it....and that they did. That would just be the natural way in which that kind of conversation would go... I was the Assist. Mgr. of a pizza joint and had to make a few of these calls myself. The conversation never revolved around safety promises, but was always around me holding on to the item until they could come and get it.

As for McDonalds, I do agree that the employees represent them, but to a point. I got a few examples...

McDonalds coffee is too hot and burns people if spilled (do to their fault) - OK, I can accept this...but marvel at our ability to not accept responsibility. It was a transaction with McDonalds that turned out bad. Had the coffee been colder, this would not have happened.

McDonalds employee spits on the food and serves it to a customer. Yepper...that transaction that the customer entered was for spit free food. No problems with McDonalds being to blame. Again, not sure that there is 3 million in damages, but there definitely is responsibility on McDonalds part to make it right.

McDonalds employee makes fun of a "short" person and tells them that if they cant reach the counter, we wont serve you. Again, employee in the store...the transaction was really handled poorly for the customer and there were some insults and hurt feelings. I am not sure how much money they should get, but this is wrong and McDonalds has to do something because of the failed transaction.

McDonalds employee gets into a argument with a customer that ends up in a fight. The customer is permanently injured (cannot walk). It is determined that the customer started the arguing by antagonizing the employee. It is undetermined who started the physical violence, but it is clear that employee was much larger than the customer and hit him repeatedly over the head with a small fire extiguisher. Is McDonalds to blame?

McDonalds employee comes to work and loses it. Shots 4 customers before killing himself. Is McDonalds to blame? Should the families of the victims be able to get money from McDonalds? I will preface this by saying...McDonalds coworkers and managers had no idea there was anything wrong with the employee. The person was a solid worker and seemed OK.

I only say this because I think it is pretty easy to toss McDonalds into a suit when there is no real physical victims...hey they got cash. It gets a bit harder to rationalize...at least for me...when there is a physical victim. So when I think of it that way, I have a tendency to focus on the transaction of purchasing food. Did it fail. If it was something outside of the transaction, then I find it a bit harder to blame McDonalds. IMO

Mcdonalds Being Sued For Nude Photos

That is very true at what point is McDonald's responsibility stop. If I drive my company truck through a bay window who pays for it? The company as their equipment and employee did the damage. I personally also would receive fines and financial responsibility for some things.

If it is proven and easily can as to where the pictures were uploaded and from and it turns out to be company owned ones then the question of responsibility becomes grayer as now it is down on company time with company property by an employee. If hacked different ball game as it was likely not an employee.


Bottom line is a company responsible for all employee actions in the work place? Where safety is concerned and the labor laws are in effect the answer is yes.

Now what about theft? IS the employer accountable if their employee steals from a client? I say yes. This is what the employee in this case did they sole from the customer illicit pictures. Why does not matter as it is straight theft.

If I go to a client home and break or steal an item I am accountable to the company and the client the company is accountable to the client as well. This is no difference to me. I do not know what laws are applicable to employee theft in the USA.

Mcdonalds Sued Nude Photos - Page 2

If McDonalds told his mother that they would hold the phone until he or someone else in his family came to get it then the company is taking responsibility for the item. This is a clear case of a lost item that is now in their possession. It is up to that company to make sure the item in question is now in a safe and secure spot until they come to claim it. Failure to maintain this item in a safe way can cause your company to be sued.

If this is the case and the manager or someone working there called and stated the phone was there then McDonalds will be responsible. This is like someone driving a company truck causes an accident. That company can be and will be held liable. IF a McDonalds employee causes any harm to another while in McDonalds for any reason then yes McDonalds is held liable. Past practices with lawyers and judges has made this now the status quo. I think McDonalds is going to have to pay here. IF they told someone they had the phone.

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Ok, so if we say McDonalds is responsible at the point where the mother was told they would hold on to the phone, what if the employee sent the picture to himself or another person prior to the guarantee to the mother or telling his manager?

Edited: Vincenzo on 28th Nov, 2008 - 9:46pm