Question of the week: Do you need to pay for shop breakages?

Former_MSE_Wendy

We went to our local store, and my child accidentally ran into a display of jars, the manager is trying to force us to pay for all the damage – over £90s worth. Is he right?

There’s no hard and fast rule on this and quite often it comes down to each individuals shop’s discretion. Consumers are obliged to take reasonable care when shopping, including any children they have with them, and a shop can ask you to pay the cost price, NOT the retail price, of the item, if it thinks you have been carless or negligent.

Shops can be negligent too though, for example stacking items badly or not cleaning a slippery floor, and if this has contributed to an accident you can refuse to pay or even sue if you're injured. It may also have breakage insurance.

In practice most larger shops don't ask if it was a genuine mistake, and smaller ones can if they can’t afford to absorb the loss. If you’re asked to pay, only do so if you think you are responsible. If you refuse to pay the shops only recourse is to sue for the money. And remember that this is a civil matter, not a criminal one, so don't be mislead by threats to call the police.

If you'd like to discuss this click reply below.


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toys19

Is the child OK? I'd be thinking of sueing for damages/injury.....

DKLS

Damn right the parent should pay, She/he should have had her child under control.
If the child hurt itself, hopefully it learnt an important lesson in life.

MaryBD

Think of this as pay-as-you-go karma! If your child knocked them down without the store owner's messing up, then here is your big chance to be graceful and do the right thing for someone else, just as you would hope they would do for you if the situation were reversed. While it is painful, it is part of the price we pay for being human! Think of it as creating good will! Hope that helps.

RobberRob_2

Remember it was PROBABLY your fault,
be fair to the retailer and offer a contribution to his loss
Remember he is probably struggling to make a living.
Rob
PS Have you looked at your insurance policy, some cover this type of accident.

Smellderosses

[FONT=&quot]Displayed goods for sale (or rent) are only an Invitation To Treat and breakages do not obligate purchase or compensation tobe paid to the shop owner, even if a warning sign states it does. A shop owner has the obligation of due care under the laws of tort. If the shop owner was hell bent on building such a display, perhaps they should have considered banning children (and adults) from their store (or go into another business like mole catching). If there was an intention to cause damage then that's a different matter.

Can't understand why so many posters on this site want to reprimand and/or punish children. Are they supposed to grow up as miserable as these adults and pass on the same chastisement? Where has the generation of happiness gone?[/FONT]

PleaseDont

Are they supposed to grow up as miserable as these adults and pass on the same chastisement? Where has the generation of happiness gone?

I would ask instead where the generation of responsibility has gone! Parents are responsible for their children's actions. Why was a child running hard enough in a store to knock over and break jars? Why did the parent not stop the child from running? If a child is not old enough for the parent to keep him under control, he is not old enough to be taken into stores. The child may or may not deserve punishment, depending on his age, but the storekeeper absolutely does not deserve to suffer the consequences of the parent's failure to control the child.

In other words, yes, you need to pay the storekeeper's loss, AND to apologize!

Solomon_Broad

I'm with those who say you should pay.

Far too many times I see kids running round in shops. Shops are not playgrounds. Kids need to be taught that sometimes, it's not OK to mess about with things.

I wonder how many of us would be so forgiving if a friends child came into our house, ran around, and smashed something?

*Louise*

I would hopefully be able to pay the cost price, not the retail price, but yes, I think the parents should pay at least a contibution towards the breakage (unless the display was precarious in the first place)

[Deleted User]

It would depend on the position of the display, how sturdy it was, and so on, but I'd probably offer to pay some of the cost upfront.

generaloneill

Contact the Health and Safety Executive and get advice from them, then contact the shopkeep and ask if he has done a risk assessment on the erection of the display. I bet he hasnt, I bet he wishes he did, lol. Once you inform him of this he may worry slightly.