"You Break It, You Bought It" - Enforceable?

We had this as a policy at the video store where I used to work. Of course this was not for items dropped off of a shelf, but video tapes that were damaged by the renter. We could enforce it because we had their credit card imprints, and they had to sign an agreement to that effct before we’d let them rent.

It didn’t happen very often, but customers were surprised to find out how much those things cost. This was back in the days when a single video could cost $100. We used to keep a melted copy of Ghost on the counter to warn people what happens when you leave a tape in a car on a hot day.

Worse, you could put out a sign saying “Beware of Dog”… which when you get to court, indicates that you knew the dog was dangerous.

I had someone in a thrift store try to charge me 10 dollars or something stupid on a 10 cent saucer my son broke, but at the same time they took my jacket I had removed to try on a sweater. I had to argue to get my jacket back. We settled with I just left and took my 2 year old with me and never came back.

I have upheld this end of the bargain for 7 years.

I admit, somehow I thought this was an enforceable thing. Whenever Ive seen one of these signs Im super paranoid about accudentally breaking anything. I didnt think through too much to the part about how they would enforce it, I kind of pictured them yelling “hey! Now you gotta pay for that” but didnt think through the how of it.

Related topic, then: What if an unattended child walks around opening up and eating all the candies and such? Or sticking lollipops in their mouth, et cetera? Can a store owner ask the parent to pay for that, and is that enforceable by law? (I understand it’s a really, really low-cost item).

Ekedolphin,
I thought of that too, you see little kids doing stuff like that. Based on the answer given for the OP here, I would guess the store owner could request or demand the parent to pay for the candy but if parent just leaves, i doubt the owner would pursue it…what could they really do? Restrain the person and make a citizens arrest or something?

I would think they could tell the parent they can pay for the merchandise or they can call the cops for shoplifting.

Maybe not specifically, but a business invitee has a duty to a merchant to conduct themselves in a manner without being negligent. A breach of a duty may be negligence “per se”, just throwing that out.

That’s just shoplifting, isn’t it? I wouldn’t think there’d be any legal distinction between opening and consuming packaged food in the store and smuggling it out of the store without paying for it, although I assume the full force of the law would not come down on a young child.

Ah yes, the officer who would try to crack down on that might be known as the “lollipop cop” , might earn him some wisecracks at the station :smiley:

I was at Krogers last weekend and was unloading my cart at the UScan. Somehow a large jar of jelly slipped out of my hand. Made a big splat right in front of me. I wanted to crawl under something and hide.

The Kroger employee just called for a cleanup on the PA. No one asked for me to pay for it.

I did go home without any jelly. I was too embarrassed to ask the Kroger guy to get me another jar.

My wife broke a plate that was on display at Harrods.

I saw her pick a candle holder. I turned around then heard a something crashing down behind my back followed by silence. I immediately thought “No way…”. I looked back at her. She was standing with the candle in her hand. The holder was lying on the table surrounded by dozens of pieces of ceramic :eek:.

An employee rushed towards us and we immediatly offered to pay for it but she said that it was OK. She was obviously not pleased, though and we refrained from touching anything after that. We didn’t stay long either.

I think this is a completely different scenario, like renting a car, etc.