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11-10-2007, 09:51 AM
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#1
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Senior Member
Trailer: 1983 13 ft Scamp
Posts: 3,082
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When you accidently break something in a store.
Who's liable?
I'am looking for legal information on this. I've heard all the hearsay, but whats the legal responsibility of the consumer? Just an example
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11-10-2007, 10:11 AM
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#2
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Senior Member
Trailer: Trails West Campster 1970
Posts: 3,366
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Quote:
When you accidently break something in a store.
Who's liable?
I'am looking for legal information on this. I've heard all the hearsay, but whats the legal responsibility of the consumer? Just an example
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I found this on the law in New Zealand, which is not here, but I'm willing to bet the same principle applies.
http://www.consumeraffairs.govt.nz/consume...stockbreak.html
Bobbie
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11-10-2007, 11:33 AM
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#3
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Senior Member
Trailer: Boler (B1700RGH) 1979
Posts: 5,002
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Legally, I don't know.
Rationally, ethically, morally, and in any other intelligent sense, the person who causes damage is obviously responsible... in my opinion. Fortunately for us, stores generally consider accidental breakage caused by customers a cost of doing business, and accept the loss themselves.
The information from New Zealand seems very reasonable to me.
__________________
1979 Boler B1700RGH, pulled by 2004 Toyota Sienna LE 2WD
Information is good. Lack of information is not so good, but misinformation is much worse. Check facts, and apply common sense liberally.
STATUS: No longer active in forum.
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11-10-2007, 01:55 PM
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#4
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Senior Member
Trailer: Casita Spirit Deluxe 2003 16 ft
Posts: 1,899
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I've seen stores with a sign that says something along the lines of "let the sales help handle the merchandise". With such a sign and if I went ahead and broke it I'd feel responsible. Unless it was handed to me by the sales clerk.
Failing that sign, it would next fall to my sense of what I was doing with it when I handled it. Say, showing my juggling skills, well, I'm responsible. But say a sales clerk startles me with a "Can I help you" and I whack it or drop it, that's moot.
But, that's my opinion, not a legal response which is what I think you're looking for.
__________________
Without adult supervision...
Quando omni flunkus, moritati.
Also,
I'm a man, but I can change, if I have to, I guess.
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11-10-2007, 02:10 PM
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#5
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Senior Member
Trailer: Helite
Posts: 164
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Nice to look at
Nice to hold
When you drop it
Mark it sold
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11-10-2007, 05:16 PM
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#6
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Senior Member
Trailer: 1988 16 ft Scamp Deluxe
Posts: 25,711
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I don't know what everyone here does for a living, I don't know if anyone, who's a member, is an attorney... and even if they were an attorney if they'd give free legal advice on a WWW forum. In this case, you get what you pay for... if it were me... and could cause me a financial problem, I'd contact an attorney.
__________________
Donna D.
Ten Forward - 2014 Escape 5.0 TA
Double Yolk - 1988 16' Scamp Deluxe
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11-10-2007, 07:20 PM
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#7
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Senior Member
Trailer: Scamp
Posts: 3,072
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Not exactly a federal case (unless it falls under the Uniform Commercial Code), so there are fifty states and potentially fifty sets of laws. They don't all agree even on the definition of First Degree Murder (reserved in at least one state for death of police or fire fighter), so a local attorney should be consulted (often give you a free consult). Consider small claims court to keep your costs down. Might even depend, like All Sales Final, as to whether a sign has been posted.
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11-10-2007, 07:34 PM
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#8
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Senior Member
Trailer: 1983 13 ft Scamp
Posts: 3,082
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I heard a customer and the owner go at it in a store about paying for a broken item. (No signs posted -You break it you buy it)
Just was wondering who should pay or what the law says. 50 states maybe 50 different laws on this . Also depends on the circumstances on how the item got damaged.
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11-10-2007, 07:51 PM
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#9
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Senior Member
Trailer: Former Burro owner and fan!
Posts: 9,015
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As previously mentioned, an attorney in the area is the only one that can answer the question appropriately.
MFROG is not a sanctioned legal advise organization.. we do trailers..
So .... on that note, I am going to close this thread and encourage research elsewhere on this subject.
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