What To Do If You Break A Product In A Store, Including A Bottle Of Alcohol

2024 Author: Bailey Albertson | [email protected]. Last modified: 2023-12-17 12:53

What to do if you broke a product in a store: do I need to pay?

Self-service supermarkets have many advantages over regular stores with vendors. The buyer does not need to stand in line, explain to the employee for a long time what exactly he is looking for, there is an opportunity to calmly examine the product and study its characteristics before buying. But here's the problem - you can accidentally hit and break something in the supermarket. Is the buyer responsible for the broken item? Or should the payment fall on the shoulders of the store owner? In the legislation, this point is stipulated quite clearly.

What to do if you break a product in a store

If you or your child accidentally breaks any product in the store, then the first thing the hall staff may come up to you and claim damages. However, such actions are usually illegal from the point of view of legislation, which you can refer to in a dialogue with them. Please inform that article 211 of the Civil Code of the Russian Federation indicates that the risk of accidental loss of property is borne by the store before the transfer of ownership to the buyer. You did not buy this product, and therefore it is still owned by the store employees. And since you broke it unintentionally, then this case just fits the "accidental destruction of property."

If the gym employee insists, you should ask to call the manager and repeat your position to him. As a rule, this is enough to calmly leave the store without paying for the broken item. Particularly stubborn officers may threaten to call the police - in fact, in this case, the arrival of the police will not threaten you. Calmly agree to the police call - most likely, the administrator hesitates and will back down.

In most cases, communication with the administrator is enough to avoid unlawful collection

A completely different article takes effect if the goods in the store are smashed deliberately or through negligence. The latter term should be discussed separately. In civil law, "negligence" in this situation means the knowledge that your actions may cause damage to the goods. However, you didn't stop them because you were sure that everything would be okay thanks to your dexterity or speed.

In this case, the buyer bears full financial responsibility for the loss of profits of the store and must pay the full retail value of the broken item. Adult citizens are liable on their own, and their parents or guardians must pay the damage for the children. But there is one small nuance that can and should be used - the store employees must prove intent or negligence in court. As a rule, large chains do not sue for one broken bottle, and therefore you can try to release the situation on the brakes. Refuse to pay out compensation out of court, and then there is a high probability that you will simply be released.

All these rules apply in any store or supermarket, regardless of its direction - grocery, alcoholic or any other. The type and price of the product itself does not matter - it can be either a cheap bottle of lemonade for 50 rubles, or an expensive perfume for 15,000 rubles.

Perfume stores in this regard have the same rights and obligations as grocery

Separately, we note that there is no penalty for damage to store property. The most you have to pay is the retail price of the broken item.

What not to do

First of all, you shouldn't try to leave the store without talking to the employees. They can call the guards, and she, in turn, will call the police. The formal reason for such a call will be the accusation of petty hooliganism.

Also, you should not be rude and swear with the administrator. The more polite you behave, the more chances for a quick and successful outcome of the situation.

If the store believes that you caused damage intentionally or through negligence, and on the basis of this wants to claim compensation in court, it should not refuse to draw up an act. This document is your chance for a court decision in your favor. In the act, you must indicate your passport details, as well as all the accompanying circumstances that you deem necessary. Indicate why you are sure you should not pay. Any little thing can help you in this situation - a wet floor that caused you to slip and break a bottle, a narrow arrangement of shelves.

Customer reviews and legal opinions

Both the seller and the buyer may be held liable for a broken item. If the store nevertheless insists on payment of compensation, then this can only be done through a court.