Is a customer liable for merchandise she damages while shopping?

Question

I had a customer come into my store and damage merchandise beyond being able to sell. She then picked up another item of the same type and took it to the front of the store to purchase. At the register she was confronted and with some reluctance did finally agree to pay for her item and the item she damaged. She left the store after signing her Credit card slip and took both items with her. The broken one and the good one.

Weeks later she called her CC company and initiated a charge back, claiming we did not have a signed contract stating that if she damaged our property while shopping she would be liable.

Isn't that beside the point she took both items the damaged one and the good one and signed the CC slip with the total amount for both items?

She has admitted on the report that she did damage the item and she did leave the store with both the items. Is this crazy or does she really have a claim?

Answer 1

she has no claim but from the begining she should not has paid for the broken one because it is the store's responsiblity

because of wrong display or any reason else.

this waste is considered overhead and normal in nature so the store should bear this cost.

Answer 2

Regardless, she took both items from the store and agreed to the sale when she signed the credit card reciept. She agreed to the sale. You agreed to sell them. It's binding. If you were to later agree to refund a portion, then that's another story.

She is liable for the amount on the CC receipt.

Answer 3

sounds like a cheapskate trying to make some money. so i'd go with crazy i guess, and no she doesn't have a claim.

Answer 4

Fight it. She does not have a leg to stand on. If she took both items home, she bought them. She cannot say they are defective if she broke it!

Answer 5

if she broke it she is liable.......... am sure you see many signs wich goes  " Once broken considered sold " !!