Legal Question in Consumer Law in Florida

retail breakage

The other day my daughter (8) and I were at a Hallmark. She accidentally broke a figurine on display near the floor. Are consumers liable for breakage or is it a cost of doing buisness to the retailer.


Asked on 8/31/07, 12:16 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: retail breakage

The operative phrase is . . . . you break it, you bought it.

Sorry for the bad news.

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Answered on 8/31/07, 11:59 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: retail breakage

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is up to the business to decide. Generally, a customer is responsible for breakage thus many stores post a cute saying such as "Lovely to look at; Lovely to hold; But if you break it; Condsider it sold." After all, why should a small businessman/woman be responsible for your actions?

I do not know the value of the figurine but at a Hallmark store it is probably not that much. You should simply pay for it and consider it the cost of a lesson in life.

Scott R. Jay, Esq.

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Answered on 8/31/07, 12:30 pm


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