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When you enter a store you have a
responsibility by law to take care when around goods for sale.
If you break or damage something as a result of not taking care,
the store can ask you to pay for the goods that have been broken.
There doesn't have to be a notice at the shop entrance advising
you to take care.
It is reasonable to expect you, as a customer, to know that you
must be careful not to damage or break a shop's stock.
This rule also applies to goods you take home on "cash approval",
and goods that you are borrowing such as library books, or
videotapes.
How much care do I have to take?
The law says you have to "exercise due care". This means you must
take reasonable care not to damage whatever goods you are handling.
Supervising children
If you bring children into a shop, you are responsible for
adequately supervising them. If you don't look after them and they
break something, the store can ask you to pay for the goods that
have been broken.
If the shop staff saw your child handling the goods and didn't
take reasonable steps to stop damage from occurring you may not be
liable for all the loss. But you are still responsible for
supervising young children in your care.
Don't rely on the shop staff to watch your child.
Store at fault
Sometimes the store may have caused or contributed directly to
the damage.
eg, a china store displays stock on an
unstable shelf. The staff know that the shelf is loose but they
haven't fixed it. There is no sign to warn customers that the
shelf is unstable.
In a case like this, the store can't ask you to pay for the
damaged goods as the store itself did not take adequate care.
Store signs
"If you break it, you buy it".
A sign like this may have no legal affect. Whether you have to
pay the store for a breakage will depend on whether you failed to
take care.
But a store can display a sign warning you to take care around
goods that they know are fragile and need careful handling.
eg , "Please ask a sales assistant if you
would like to look at these goods."
and
"Please take care handling these items,
very fragile".
Paying for damage
This depends on the value of the product and perhaps any loss of
profit from the store now being unable to sell those goods to
another customer. You may also have to pay for any damage to shop
fittings that you caused. In many cases the loss will equal the
retail price of the goods.
The store can get a replacement at the wholesale price, so why
do I have to pay the retail price?
The store can recover all its losses. This includes the lost
opportunity to sell the goods you broke, and the profit they could
have got from that sale. They may also have costs relating to having
to order those goods again.
eg, staff time, fax or phone costs to
place order.
Why can't the store make an insurance claim rather than claim
from me?
The store is entitled to claim the compensation from the person
who caused the damage or loss. Although the store could choose to
claim on their insurance this will depend on whether it is
worthwhile for them to do so. And remember, their insurer may pursue
you to recover what they had to pay out to the store.
Accidental damage
You may not have to pay for the damaged goods when an event
outside of your control leads or contributes to the damage.
eg, you have to move quickly to the exit
of the shop because of a fire alarm. On the way you are pushed by
the crowd and upset a table with glasses on it.
In this case it is unlikely you would pay for the broken glasses
as:
- it is reasonable to take care of yourself rather than property
when your life may be at risk
- other factors contributed to the damage (the crowd pushing
you).
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