Damages Must Be Paid For

MadFD

We sometimes see a sign in shops "Damages must be paid for".

What are our legal rights/obligations?
For example, I am browsing in a store and i accidentally knock something on the floor and break it, or I feel ill and am sick over the sweet counter.
Am I legally liable or does the shop's insurance cover this?

TonyMMM

You have a general duty of care, and as such are responsible for your actions/carelessness.

Whether the shop would ask you for payment would hopefully depend on the circumstances (and the attitude of the shop), whether they have insurance is irrelevant.

bod1467

"Damages must be paid for" ... But only if you feel morally-obliged to do so.

They can't FORCE you to pay (on the spot), but they CAN raise a claim against you (in small claims court) to try and make you pay.

MadFD

I am happy that there is a duty of care but was also wondering whether, if a shop submits an invoice, is it legally enforceable.
This specifically relates to an individual with a learning disability who was ill in a shop, and the owner has submitted an invoice.

MadFD

Sorry
Just seen post by BOD1467. Happy with that response. Thanks

InsideInsurance

MadFD wrote: »

I am happy that there is a duty of care but was also wondering whether, if a shop submits an invoice, is it legally enforceable.
This specifically relates to an individual with a learning disability who was ill in a shop, and the owner has submitted an invoice.

It is highly unlikely to be considered that there is any "contract" between the shop and the visitor due to the lack of consideration. You are therefore down to common law and the tort of negligence as the most likely way of the shop to be indemnified for the damages caused.

Negligence is defined as doing something a reasonable person wouldnt do or failing to do something a reasonable person would do. So the question is if it is reasonable to be walking around a shop when you are feeling sick/ likely to vomit?

Obviously "learning difficulties" potentially adds additional complications dependent on the extent of these and if they make them incapable under the law.

Geodark

Wondered about this myself. I was in saisnburys a week or so ago. Paid for my stuff but on the way out a bottle of wine went through the bottom of the carrier bag and smashed on the floor. Before I could say or do anything a member of staff grabbed me another bottle. (Fantastic work by Sainsbury's). But just wondered if this was a store policy or if most shops did this.

paddyrg

Was it a clumsy brushing past of a low-value item, or picking up and shaking of several bits of fine crystal which should have been looked at but not touched?

The learning difficulties thing means it could be complicated and only judgeable on its own merits. If the individual is 'incapable', were they accompanied, for instance?

Takeaway_Addict

You are meant to pay the cost of the item, not the retail value of the item so as to put the retailer back in the same position before you were clumsy.

ThumbRemote

bod1467 wrote: »

"Damages must be paid for" ... But only if you feel morally-obliged to do so.

They can't FORCE you to pay (on the spot), but they CAN raise a claim against you (in small claims court) to try and make you pay.

Further to this, they should only be able to claim for the actual cost to them - not the full retail cost.

So if you damaged an item on sale for £100, but it only cost the retailer £20, they should only be claiming for £20 as that is the extent of their losses.

halibut2209

And you get to keep the broken item.