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Goods damaged by customers

Some stores display signs such as: "Nice to see, lovely to hold; if you break it consider it sold".

However, displaying such a sign does not automatically make a customer responsible for damage.

If customers or their children are negligent and cause damage, you are entitled to ask the customer to pay. Negligence is defined as "not showing proper care".

For example, if a customer's child was running through your shop unsupervised, knocked over a display and damaged some goods, the customer would be liable. As the legal guardian, the customer accepts responsibility for the action of children in his or her care.

However, if the child damaged an item which was protruding from a shelf or placed precariously, the customer may not be liable. It could be argued that by having the goods in a vulnerable position, you had created the risk of damage by your own actions.

Therefore, it's wise to check the displays in your shop to reduce this risk. It may also be a good idea not to place fragile items where they could be handled or knocked.

In some cases it is difficult to prove negligence. Be sure to check with your insurer to see exactly what is covered. If your insurer pays for goods damaged by customers, for customer relations it may be good business not to hold them liable.