Question from a reader:
About a month ago, I accidentally took a menu home from a restaurant. Since then, I haven’t had the opportunity to use that bag, so I completely forgot about it. Today, the police came to my house, and while I wasn’t arrested, I was made to sign a document stating that I would never return to that
restaurant. I’m planning to go apologize to the restaurant tomorrow, but do I need to pay a settlement? The complaint has been withdrawn, but is there a possibility of being sued later? I’m a middle school student, so I apologize for not being able to explain well.

I Took a Restaurant Menu Home! Considering It from a Legal Perspective

Recently, I received an interesting question from a middle school student. He accidentally took a menu home from a restaurant and then faced the unexpected situation of the police coming to his house. Although he wasn’t arrested, he was made to sign a document stating he would never return to the restaurant. He plans to apologize to the restaurant but is worried about whether he needs to pay a settlement and the possibility of being sued later. First, let’s take a closer look at his case. In fact, taking a menu home can legally be treated as “theft.” Of course, one could argue that it wasn’t taken intentionally, but the law distinguishes between “intent” and “negligence,” and even if it was negligent, the act itself can still be scrutinized. Now, let’s delve deeper into this.

Theft and Negligence

Theft refers to the act of unlawfully taking someone else’s property. A menu is the property of the establishment, and taking it without permission could qualify as theft. However, in cases like this where it was taken by mistake, it is often not considered intentional theft. The law always takes into account human psychology and circumstances. In other words, in cases like his where it was a “slip-up,” it is considered unlikely that he would face legal consequences. The police likely came because there was a report from the restaurant. It is understandable that the police would intervene if theft was suspected. However, the fact that he wasn’t arrested suggests that his actions were deemed unintentional. Nevertheless, being made to sign a document can be seen as a form of “settlement.”

Regarding Settlement Payments

Now, let’s discuss the concerning issue of settlement payments. Typically, a settlement refers to compensation for damages suffered by the victim. In this case, it is considered unlikely that the restaurant would demand a settlement from him. This is because, even though he “took the menu,” its value is only a few hundred yen, and it cannot be said that actual damages occurred. Of course, it is important to apologize sincerely. By personally visiting the restaurant and expressing genuine remorse, the restaurant may show understanding. Even if no settlement is required, it might be nice to offer a small gift to express his apology. It is essential to act while considering the other person’s feelings.

Possibility of Lawsuit

I also want to address the question of whether there is a possibility of being sued later. Legally, to file a lawsuit, there must be clear damages and proof of those damages. In this case, the actual damages suffered by the restaurant are minimal, and it is considered unlikely that there would be any benefit in filing a lawsuit. However, it is wise to be cautious just in case. Generally, lawsuits require time and money, so victims tend to be careful. Especially in minor cases, it is rare for matters to escalate to litigation. That said, the law is case-by-case, so it cannot be completely ruled out. Therefore, he should take this experience as a lesson and be more careful to prevent similar situations in the future.

Preventing Recurrence

Now, there are many lessons to be learned from this case. First, it is essential to act carefully in all situations. Particularly in public places, one’s actions can lead to unexpected troubles. Next, a sincere apology is crucial. By understanding the other person’s position and apologizing properly, the other party can also feel more at ease. Since becoming a university student, I have faced many legal issues. A friend of mine was involved in a restaurant-related trouble, and through such experiences, I have come to realize the complexities of the law. Issues regarding employee rights and customer responsibilities are particularly intricate and often involve psychological elements.

Conclusion

Through this question, I had the opportunity to think in detail about “theft” and “settlements” from a legal perspective. In conclusion, it seems that he is unlikely to need to pay a settlement, and the possibility of being sued is also low. What is important is to be mindful to prevent similar incidents from occurring in the future. As someone studying law and psychology, I feel it is crucial to have knowledge to prevent such troubles from arising. I hope he can apologize to the restaurant without any issues and that the trouble is resolved quickly. I also hope he will live with greater caution in the future. The world of law is deep, but by gradually deepening our understanding, we can also cultivate a sense of peace of mind.