Case Description

In July 2021, Mr. B passed by a supermarket in Shanghai and dropped a Huawei phone on the lawn. Subsequently, C walked by and picked up the phone. After some measurement, C discarded it in the grass at the intersection before leaving. After discovering the loss of the mobile phone, Mr. B went to the police station to call the police. The police found Mr. C who had picked up the phone by calling nearby surveillance. The police contacted Mr. C, who informed him that the phone he had picked up had been discarded in the grass at the intersection. Subsequently, the police went to the grass to find B's lost mobile phone, but could not find it. B claims compensation from C for the loss. C believes that B accidentally lost the phone first. Although he picked up the phone, he did not actually possess it, and B should not seek compensation from him. B is unable to appeal to the court.

Lawyer Analysis

Article 314 of the Civil Code stipulates: "If a lost object is found, it shall be returned to the obligee. The person who finds it shall promptly notify the obligee to collect it, or submit it to the public security and other relevant departments." Article 316 stipulates: "The person who finds the lost property shall take good care of it before it is handed over to the relevant department, and the relevant department shall take care of it before it is claimed. If the lost property is damaged or lost due to intentional or gross negligence, it shall bear civil liability."

In this case, the court held that Mr. C should compensate Mr. B for his economic losses based on the depreciation of the mobile phone because he picked up the phone and failed to keep it properly and intentionally discarded it, resulting in its loss.
In daily life, many people find something lost by others, consider it worthless, and discard it at will. However, there are significant legal risks involved. The author has encountered a case where a picker picked up hundreds of thousands of glass jadeite pendants and mistakenly discarded them as glass, causing the jadeite pendants to crack and lose their value greatly. Finally, they had to pay hundreds of thousands of dollars in tears.

If you see someone else's lost property, you can choose to take a detour, but if you choose to pick it up, it is recommended to take a picture of the current situation of the lost property before picking it up. If there is a camera nearby, it is best to face the camera nearby, especially if the lost property is damaged, in order to avoid subsequent disputes. If the owner decides that the lost property is damaged or claims that the damage to the lost property was caused by the person who picked it up, they should respond. After that, the person who picked it up should notify the owner as soon as possible to collect it or send it to the nearby police station.