Curious for opinions: What would you do?

Originally Posted by slug_bug
I find it very sad that of the 15-20 people in the lobby no one confronted the thief or made you aware you were being robbed. I, however, do not think the hospital is liable. They shared their video surveillance with the police which should at least guaranty that your friend is reimbursed for any charges by the thief.
Indeed this is shocking to me. At least a few of those folks KNEW you were being robbed and did nothing about it...shameful. Society is in a free fall and won't recover.
 
Lots of people here blaming the victims and yes, I sure wouldn't sleep in an er, but it is HUGE bad press for people to be pickpocketed in an er. One call to some tv lawyer and hospital administration would be scrambling to pay you off. Replace pickpocketed with groped in this story combined with security camera footage and this story would make national news. I believe in personal responsibility and am against slimy lawyers and increasing health care costs but c'mon people, the hospital is bordering on being negligent. They have security personnel and cameras on the waiting room for a reason, they can't say "we had no idea this could happen"
 
Originally Posted by JamesBond
Lots of people here blaming the victims and yes, I sure wouldn't sleep in an er, but it is HUGE bad press for people to be pickpocketed in an er. One call to some tv lawyer and hospital administration would be scrambling to pay you off. Replace pickpocketed with groped in this story combined with security camera footage and this story would make national news. I believe in personal responsibility and am against slimy lawyers and increasing health care costs but c'mon people, the hospital is bordering on being negligent. They have security personnel and cameras on the waiting room for a reason, they can't say "we had no idea this could happen"
Sorry, fail to see the connection. A woman was actually groped in a road race. They actually got a picture of the guy and she decided to press charges against him. Notice that the race had no responsibility. Same as if you get on the train in the subways. The pickpockets are there all the time and the police are there to catch them. But guess what? If they don't catch them, you're SOL and the transit authority does not make you whole. I don't know what kind of case law you're even proposing that would cover a situation like this. You're in a public ER. A member of the pubic robs you, the fault is with the thief. They had an idea it could happen, it's just beyond their ability to stop all crime, same as the police. Maybe people just need more realistic expectations in life.
 
My only issue is with this story is, how in the heck does one sleep on the FLOOR of an ER? Consider yourself lucky that a swiped debit card is all you have to complain about.
 
Originally Posted by GoldDot40
My only issue is with this story is, how in the heck does one sleep on the FLOOR of an ER? Consider yourself lucky that a swiped debit card is all you have to complain about.
Oh yeah, as someone else mentioned, think of all the bodily fluids that can end up on the floor. Although to be fair, they do clean the place and if there's no remnants left on the floor, maybe the disinfectant killed all of the stuff you can catch. Oh speaking of bodily fluids, that reminds me of a time when I was volunteering at a road race at the finish line. On a hot day, people tend to vomit at the finish line and in the barefoot running craze a few years ago, I noticed a few of them walking through the aftermath. Not a pretty sight...
 
I'm pretty sure all sorts of public and private institutions get get sued/settle out out of court ever day. Hit by a foul ball, slip and fall in the sugar aisle at Walmart, shot by police, these things lead to costly settlements every day. All of these "victims" should have exercised greater caution but that doesn't mean they don't get paid off. Case law is not relevant when the cost to fight a frivolous lawsuit and the cost of the bad press is greater than the cost to settle.
 
It should be easy! At what exact time did she check in or get called back. They would have time reference on every person there. Should be easy detective work. Then press charges.
 
Originally Posted by JamesBond
I'm pretty sure all sorts of public and private institutions get get sued/settle out out of court ever day. Hit by a foul ball, slip and fall in the sugar aisle at Walmart, shot by police, these things lead to costly settlements every day. All of these "victims" should have exercised greater caution but that doesn't mean they don't get paid off. Case law is not relevant when the cost to fight a frivolous lawsuit and the cost of the bad press is greater than the cost to settle.
You have an uphill battle. Those items you mentioned, the one who caused it was an employee of the place. If the thief were an employee of the hospital, you'd have some recourse against the hospital. When I worked for a law firm that did insurance defense, my boss would describe the firm as one where if you slip and fall in the store, their job was to make sure you didn't get a dime.
 
Originally Posted by 14Accent
Long story short, I found myself in the ER this past Sunday evening around 12 AM. Obviously, due to the wait times my girlfriend and I fell asleep on the floor, right next to each other, and stayed there until around 4 AM when I got called in. The next day, she informs me that she can't find her debit card or ID, and that there were a bunch of suspicious charges on said card. She immediately froze the card, and I tracked through the charges and found that the very first one was at THE HOSPITAL VENDING MACHINE! Needless to say, we went back that evening and reported the crime, as I had time stamps from Wells Fargo showing the card was first used at 3:21 AM. My girlfriend just told me today that the police had contacted her and said they found footage of a woman literally going through her purse in the middle of the lobby as we slept. There had to have been at least 15-20 people in the lobby, not counting the front desk staff and security desk. There's always 1-2 uniformed Sheriff's there in addition to security staff and nurses. The place we were sitting is less than 15 feet, in direct line of sight of both the security desk and the front desk. The question is this: how would you pursue this? I just can't shake the feeling that the hospital is liable here. The crime was committed on their property, under their watch, in what's supposed to be a secure area. How do you just not notice someone going through someone else's belongings? At the very least, I'd like a written apology and some better training, but that hardly fixes the problem. I have no idea what kind of outcome I'm looking for, really, so I'll throw it to the audience and see how everyone else feels.
The hospital isn't liable unless a hospital employee did this. No one, save yourselves, needs remedial training because you did not secure your valuables on your person in a semi-public place known to be a nexus for homeless people and druggies. You might get a written apology though, since hospitals are trying for the "hotel experience".
 
Originally Posted by GoldDot40
My only issue is with this story is, how in the heck does one sleep on the FLOOR of an ER? Consider yourself lucky that a swiped debit card is all you have to complain about.
Exactly. Hospitals are filthy, ER waiting rooms are next level.
 
Originally Posted by Wolf359
Originally Posted by JamesBond
I'm pretty sure all sorts of public and private institutions get get sued/settle out out of court ever day. Hit by a foul ball, slip and fall in the sugar aisle at Walmart, shot by police, these things lead to costly settlements every day. All of these "victims" should have exercised greater caution but that doesn't mean they don't get paid off. Case law is not relevant when the cost to fight a frivolous lawsuit and the cost of the bad press is greater than the cost to settle.
You have an uphill battle. Those items you mentioned, the one who caused it was an employee of the place. If the thief were an employee of the hospital, you'd have some recourse against the hospital. When I worked for a law firm that did insurance defense, my boss would describe the firm as one where if you slip and fall in the store, their job was to make sure you didn't get a dime.
I guess you're right. Sorry OP, you snooze you lose.
 
The typical protocol is you tell the credit card company and they freeze the card and refund you the charges. Then the vending machine operator will be filing police report and deal with it. Police if wanting to charge someone will request the security footage and see who did it. All these works are likely more than the vending machine cost. Police usually won't investigate unless it is a chronic pattern as the criminals only get misdemeanor and community service, costing our society more to pursue. Don't try to confront someone over this. You don't know what kind of violence may come up and whether you got the right guy or not. Organizations don't like their patrons getting into conflicts with each others.
 
Originally Posted by Ws6
Originally Posted by GoldDot40
My only issue is with this story is, how in the heck does one sleep on the FLOOR of an ER? Consider yourself lucky that a swiped debit card is all you have to complain about.
Exactly. Hospitals are filthy, ER waiting rooms are next level.
One of my friend is a big muscle male nurse and his specialty is emotional control in the ER. They need a bouncer in disguise.
 
Originally Posted by GoldDot40
My only issue is with this story is, how in the heck does one sleep on the FLOOR of an ER? Consider yourself lucky that a swiped debit card is all you have to complain about.
They do clean the hospital ER often but the guy who came in might have some serious stuff in them. My nurse friend need to suit up before dealing with them sometimes and they don't always guess right based on the symptom the first time around. The other major concern is resistant strain bacteria, you catch that and you die easily, one of my coworkers brother did.
 
Originally Posted by Astro14
People at fault: Thief Girlfriend You
Unfortunately this is the case. Although the hospital has security, they are not there to prevent theft, they are there in case people get hostile in the lobby and need to be removed or the police need to be called. If security saw the crime happening and did nothing it would be a different story, but it is hard to prove there is something they should've done. Even then, most security officers are basically just 911-dialers. At one of the sites I frequent they have parking lot security, and all they do is report things to the police. They can't be liable for touching anyone or their vehicles/belongings.
 
Originally Posted by 14Accent
The next day, she informs me that she can't find her debit card or ID, and that there were a bunch of suspicious charges on said card.
Wouldn't the thief need her PIN to use her debit card (credit cards are a different story)? Something seems to be missing from the story.
 
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Things you can do ... - request that the money be granted back from the card agency, but because it'd a debit card, there is no legal obligation for them to do so - it would only be a good will gesture on their part - report the crime as you have; maybe the video will lead to an arrest and you could ask for restitution in court from the criminal (unlikely to actually happen) - be more diligent; alter your behaviors such that this does not happen again (wake up your GF so that she is not as likely a victim) - etc Things you're screwed for ... - it's a public place - to try and get the facility to bear fault is a fools errand; you'd have to show gross negligence on their part (they already hired a security team ... they would just try to defer fault downstream anyway) - realize that just because LEOs are present, does not mean they have an obligation legally to stop crime; law enforcement agencies have no legal obligation for individual protection. (Several SCOTUS decisions have provided this determination over the years). - debit cards are a bigger risk (but credit cards are limited to the first $50 of loss to you by federal law)
 
OP, nothing you can do now except call your card company, dispute the charges, and they'll cancel the card and get you a new one. You can get mad at the thief but that's really a wasted effort IMO.
Originally Posted by SeaJay
Originally Posted by 14Accent
The next day, she informs me that she can't find her debit card or ID, and that there were a bunch of suspicious charges on said card.
Wouldn't the thief need her PIN to use her debit card (credit cards are a different story)? Something seems to be missing from the story.
I'm willing to bet the thief has done this before and knows what stores have minimal card security and lets you use them without a PIN or zip code.
 
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Originally Posted by Pew
OP, nothing you can do now except call your card company, dispute the charges, and they'll cancel the card and get you a new one. You can get mad at the thief but that's really a wasted effort IMO.
Originally Posted by SeaJay
Originally Posted by 14Accent
The next day, she informs me that she can't find her debit card or ID, and that there were a bunch of suspicious charges on said card.
Wouldn't the thief need her PIN to use her debit card (credit cards are a different story)? Something seems to be missing from the story.
I'm willing to bet the thief has done this before and knows what stores have minimal card security and lets you use them without a PIN or zip code.
Or you just run it through as a credit card instead of a debit card so no pin needed. Pin is just to withdraw money. Another reason it's a bad idea to use a debit card instead of a credit card, no limit to your losses. However if you report it quickly enough, you're supposed to get it all back.
Originally Posted by JamesBond
I guess you're right. Sorry OP, you snooze you lose.
LOL
 
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