I’ve always wondered about this. If I accidentally break something in a store, can the merchant force me to pay for it?
Does it matter whether they have a sign up with a cheesy poem that ends with the line “consider it sold”?
My personal feeling is: you put it out on display, and accidents happen. Too bad, so sad. As long as somebody doesn’t walk into your store and start intentionally trashing stuff. But I’m curious if the law would hold the same view.
Seems to me that if you negligently damage the property of another, you are responsible, sign or no sign.
Relevant Wikipedia page. And from one of wiki’s cites:
The article does go on to say that negligence may be handled different, depending on the state, but as a blanket rule, “You break it, you buy it” is not backed by law.
I’ve always heard that signs do not equal laws, and if it was an accident, that’s what the store’s insurance is for (no cites, just stuff I’ve heard).
Anecdote - Someone told me their kid accidentally knocked over an expensive bowl in a shop. The owner was pissed and she offered to pay. He said the price was $200. She said that’s fine, but what did it cost you. He didn’t understand what that had to do with anything and she explained that she’ll replace the damaged item, but he would not be making a profit off the transaction. He complained and she offered the other solution…that she just leave. He accepted option 1 and came up with the wholesale price.
Right, the sign is bogus. But if you are negligent, then you are liable.
ianal
Reminds me of the signs at golf courses saying golfers are liable for any damage caused by their errant shots.
Sure. And I could put a sign out front of my house saying any passersby owe me $5!
Likewise bogus disclaimers of responsibility. Round here, gravel trucks often sport signs saying “Not Responsible for Broken Windshields.” Hah! They damn well know better.
I always take “You break it, you buy it” signs as equivalents of “Hey, be careful, eh?”
They sometimes add “Stay back 200 ft” in lettering that is impossible to read from 200 feet.
Is that 200 feet supposed to apply when the truck is stopped at a light also?
Or on the expressway for that matter…
I read years ago that “YBIYBI” is unenforceable. However, “Do Not Touch” is enforceable, so that is one way for the merchant to protect himself.
“You break it, you buy it…please?”
Just wanted to say thanks for this - fortunately, I have not yet broken anything in a shop but being an honest type, if I did so I would immediately offer to pay. Of course, if it was something irretrievably damaged (like a china bowl) I wouldn’t be expecting to keep the pieces, and it would never have occurred to me to offer the wholesale price - which seems fairer to both sides than the alternatives. If however I had done minor but obvious damage to something and it was still usable, I might offer the full retail price but expect to keep the item for my own use (assuming I wanted one anyway).
Enforcible how? It is not a criminal matter in any state I know. If you wanted it “enforced” it would have to be through civil courts.
Oh come on ** Loach**, it’s fairly clear that it’s just a question of whether a civil action could be legitimately pursued in a court of law. Let’s not give anyone more reasons to hate lawyers.
How is the wholesale price fairer? At the time of breakage, the shopkeeper has more than that invested in it (shelf space, operational overhead)… accepting wholesale means taking a loss. If he doesn’t have another like it in stock, there’s a potential (if unknowable) further loss after she leaves, in the loss of a sale.
Well, in one scenario - it would prevent a shop owner setting high markup, low turnover items on display in such a way as to faciliate breakage by ‘honest’ customers.
I also think that is how insurance would generally operate - actual loss vs percieved loss - replacement cost.
Yes. I’m assuming no deliberate scams on either side.
It also might sit on the shelf forever. So possibly it’s a complete loss to the owner.
That is what as known as “the cost of doing business”. An accident is just that; and apparently the shopkeeper has no recourse if the customer decides to walk. Offering wholesale is more than fair given that the legal responsibility is nothing.