Q. I was in a clothing store trying on a pair of pants. One of the employees in the store began marking the pants I was trying on for the purpose of alterations. Just then, the fire alarm went off and everyone had to empty the store. While we waited outside for the fire department to come, I noticed that I was late for an important appointment. I decided to go to the appointment with the new pants which I had not yet paid for, and I would come back later to pay for the pants, have them altered, and pick up my pants which I left in the change room.
When I came back to the store a few hours later, I explained the situation to the sales clerk who was very understanding. Unfortunately, my pants, which I had left in the change room, had vanished. None of the sales staff knew what became of them. My question is, while I'm sure I have to pay for the new pants, does the store have any responsibility as it pertains to my old pants that the store "lost"?
thank you.
A. Horav Shlomo Miller's Shlit'a opinion is that it is doubtful at best, whether the store would accept, as a matter of policy to become a shomer or guardian on items left behind by customers, unless one of their employees specifically accepted to keep an eye on them. Therefore, in order to collect, the onus would be on the client to prove that they accepted custody.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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