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    • Corporate Real Estate Negligence: Brand
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Question from ifiworld2Nov-4

How do you attach liability for civil damages to the brand name of a corporate parent where the negligence of the franchisee allows for criminal activity of bad actors of customers who are non-employees on the real estate of the parent, and the corporate parent claims the business of the franchisee is separate from that of the parent, even though the franchisee sells the products and services of the parent?  Specifically, the case involves McDonalds Corp. in a case where the Plaintiff has his laptop stolen in a theft by two fellow customers in a McDonald's restuarant void of any security personnel post-dusk in a known crime-ridden area.  Plaintiff sues in state court seeking civil damages for negligence on the part of McDonalds Corp. (and later in an amended complaint, against the franchisee, as well) for not providing such security allowing for a prime opportunity for such a crime to occur on their private property (lobby of the store).

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Fallen Nov-5 79779.2

I seem to recall your posting about this a number of times in the past.  You aren't going to be able to hold the parent liable for the act of a franchisee (and it sounds like you don't have a viable case to begin with -- just because a company does business in a nasty area doesn't mean it is obligated to provide security or that it's on the hook if a customer is robbed). 

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rodion Nov-6 79779.3
A franchisee is pretty much its own entity separate from the corporation. If you try getting reimbursed your best chance is to try after the franchisee. Im sorry if this comes out in bad taste but also I don't know if your claim will hold because it is up to you to hold on to your possessions its not the responsibility of the restaurant.
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