Item Damaged While In The Store...

1. If an item is damaged while I examine it in a store prior to purchase, can I be held liable to pay for it?

Answer
Many consumers can attest to situations where vendors insist on compensation by imposing a “you break it, you bought it” policy, when an item is accidentally damaged or destroyed. This occurs most frequently while attempts are being made to examine an item prior to purchase. The imposition of such a policy is not as clear cut as the policy might imply, as it is more a matter of the VENDOR proving the consumer’s negligence or maliciousness leading up to the event. Also it is neither a matter of the vendor being left with the loss solely because ownership of the item had not yet been passed to the consumer.

If the vendor chooses to sue, he/she would have to provide evidence to show clearly that you had not taken due care in handling or coming in contact with the product. He/she cannot hold you against your will in the store, which could see the tables turning significantly in your favour. Consumers have complained to the Commission regarding instances which they were held hostage by security personnel employed by stores.

Hence, issues including, but not limited to the manner in which items had been laid out or displayed in the store; whether or not the consumer had been provided with adequate information as to how to test the item for soundness; if the consumer was invited to test the item without store supervision, etc., could contribute the outcome of such a case.

CAC Advice:
As far as possible, seek the assistance of the store’s clerk in order to examine an item or to get an understanding of how it functions. Although it may seem frivolous and unlikely that a vendor would sue for a single $60.00 bottle of fruit juice, the probabilities might not stack up in your favour if it is a $1,000.00 bottle of Alozade or an $8,000.00 Dom Perignon.

The Financial Services Commission has advised that vendors are not required by law to insure their merchandise in anticipation that such events may occur, and you might not be exempted in court from making payment on the basis that the store already has insurance. On the other hand, shoppers must take care when handling merchandise or moving through a store so as to minimise the chances of damaging the store’s goods. Shoppers, who take along toddlers, will also need to exercise greater care by maintaining control of the child so as to prevent them from causing damage.

Vendors need to note however, that both the Weights and Measures Act and the recently passed Consumer Protection Act, clearly states that consumers are to be given a reasonable opportunity to examine items prior to purchase, with respect to their measurement weight and volume, where these affect the price of the item.

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