[Stolen Cell Phone] Roxie takes her brand new cell phone to the gym after work. She places it in a locker in the woman's locker room, which is not secured. There are signs conspicuously posted on both the door to the locker room and the wall above the lockers which say "Rent a lock at the front desk for $1.00. This gym is not responsible for items stolen from unlocked lockers." Roxie reads the sign, but not wanting to delay her workout, she decides to hide the phone under her clothes in the locker. She closes the locker, but leaves it unlocked as leaves the locker room to work out. An hour later she completes her workout and returns to the locker, only to find that her new phone has been stolen from the unlocked locker. She sues the gym for the value of the phone.
-Who is liable for the loss of the cell phone?
A) Roxie, because she left the phone in an unlocked locker in an unsecured room.
B) The gym, because when Roxie made use of the lockers provided by the gym, an implied bailment was created.
C) The thief who took the cell phone, provided he or she can be found and identified by authorities.
D) The parent company of the gym, because they are the ones who set the policy not to automatically provide locks to all gym patrons.
E) Roxie and the gym are equally liable because both parties were at fault for failing to secure the phone.
Correct Answer:
Verified
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