A very common situation in self-service stores. You, as a customer, when choosing a product on numerous shelves in a supermarket, accidentally touch the rows of displayed cans and they break to smithereens. Or, having seen the desired product, you make your way to it, maneuvering between other buyers with rather large baskets and carts, catching a pyramid of alcoholic beverages according to the action. They smashed a bottle in the store, or even several. Immediately, as if out of the ground, supermarket workers, security officers and other characters suddenly appear in front of you, demanding to pay for irrevocably damaged goods.
What if you break a bottle in a self-service store?
Do you have a question - should you pay for a broken bottle or other product damaged, in your opinion, through no fault of yours? When are you financially liable for damaged goods, and when a supermarket or supermarket cannot demand payment for the damage caused?
The answer to this question is the Civil Code Russian Federation, to be more precise, article 1064 of the Civil Code of the Russian Federation “General grounds for liability for causing harm”.
Paragraph 2, Article 1064, reads “A person who has caused harm shall be exempted from compensation for harm if he proves that the harm was caused through no fault of his. The law may provide for compensation for harm even in the absence of the fault of the causer of harm ”.
Now, I think, it is worth deciphering the official phrases prescribed in the code on colloquial so that any person understands what is being said. So that you know when the store employees have the right to demand payment for the damage caused, and when you should recite paragraph 2 of Article 1064 and leave with your head held high, without paying a dime for the loss of the store.
So, let's consider several options for the development of the situation:
- due to your carelessness and awkwardness, examining the bank, you dropped it or, even worse, the shopping basket fell out of your hands - you will have to pay for the failed purchases;
- your child broke a bottle in the store due to the fact that he slipped on the newly cleaned floor or tripped over some kind of defect on the floor - store employees have no right to demand compensation from you for their shortcomings. You are not required to pay for the broken item and crumpled packaging that has deteriorated as a result of landing on them from your own height;
- a can or bottle fell from the rack when you were nearby, the store employees have no right to claim compensation. The employees of the sales area are responsible for the stable arrangement of goods on the shelves and racks;
- you are standing next to the cash register conveyor, and a glass-wrapped product has slipped off it - your fault is not;
- choosing a product in plastic or some other soft packaging, you squeezed it very much and it was deformed - your fault is obvious. You will have to buy and use a deformed product or pay for it full cost and throw it in the trash can.
Read also:
Can I return an item without a receipt? How to do it right?
Distance between trade equipment
To prove your innocence, it will not hurt you to study two more documents that regulate the work of trade enterprises. GOST 51773-2009 “Retail trade. Classification of enterprises "and SNiP 2.08.02-09" Public buildings and structures ... ”.
What should interest you in these regulatory documents? They, among other things, talk about the width of the aisles between the retail equipment in self-service stores.
Before writing this article, I additionally studied several legal resources. Almost all articles on sites try to mislead you. Almost all authors write that the width of the aisles depends on the size of the store's retail space, but this is far from the case.
According to GOST 51773-2009, the minimum width of the passage between the racks should be 1.4 meters.
But the width of the main aisles indicated in the evacuation scheme already directly depends on the area of the supermarket. It looks like this:
- shop up to 100 m2 - 1.4 m;
- retail space from 100m2 to 150m2 - 1.6 m;
- supermarket halls from 150 m2 to 400 m2 - 2 m;
- mega-markets from 400m2 - 2.5 m.
The main evacuation passages are of interest only to the specialists of the "State Fire Inspection". In a situation with a broken bottle, you should be interested only in the minimum width of the aisle between the shelves and commercial slides. If the passage is already 1.4 m, you can appeal the claim for payment of the damage caused. But if the passage meets the regulatory requirements, take out the wallet.
You are still required to pay damages
What to do if, after the arguments you have given, the supermarket employees do not calm down and in a rude manner try to get you payment for the irretrievably damaged goods? After all, it's no secret that the manager of the trading floor, who exhibited the ill-fated promotional products, dreams of losing his Money.
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List of technically complex goods
If supermarket officials persistently demand payment for a damaged item that has lost its presentation or worse than that, is broken through no fault of yours - ask for a complaint book and describe the situation in it in as much detail as possible. Be sure to indicate the time of the incident (this will help the lawyer representing your interests to claim the video of the incident), the details of the store employees who communicated with you, the names and contact details of witnesses (it is desirable that they be).
Demand the drawing up of an act of damage to the goods. Be sure to include in it all the details that work for you. Such as: a wet and slippery floor, an abnormal aisle, or an unstable position of bottles or cans on the racks.
If the administration of the trade enterprise still has claims against you, ask for a call from law enforcement agencies. Police officers will record the incident and explain to the store employees how you pay for the damaged goods. And he is like that - a legal entity (in in this case, commercial enterprise, in which the incident happened) files a claim in court to recover money from you, as the culprit of damage to goods. The court considers the case on its merits. Others legal grounds the store simply does not exist.
Inadequacy of security personnel
If the situation is aggravated by the rude behavior of the security personnel, and you understand that violent actions directed in your direction are not excluded, remind them of the content of Article 203 of the Criminal Code of the Russian Federation.
Article 203. Criminal Code of the Russian Federation “Excessive powers by a private detective or an employee of a private security organization holding a private security guard’s certificate, when they perform their job duties”(As amended by Federal law 2008 N 272-FZ) reads:
- Committing by a private detective or an employee of a private security organization holding a certificate of a private security guard, actions that go beyond the powers established by the legislation of the Russian Federation, regulating the implementation of private security and detective activities, and entailed a significant violation of the rights and legitimate interests of citizens and (or) organizations or protected the law of the interests of society or the state, - is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period from one to two years, or by restriction of liberty for a term of up to two years, or forced labor for a term of up to two years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to two years.
- The same act committed with the use of violence or with the threat of its use, or with the use of weapons or special means and entailing grave consequences, - shall be punishable by imprisonment for a term of up to seven years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Conclusion
I hope that after you recite this article of the Criminal Code of the Russian Federation, the enthusiasm of the guards will come to naught and you will be able to leave the ill-fated store. If the incident is documented by law enforcement officers who have arrived on call from store employees or you still have complaints against store employees as a result of an incident with a broken bottle, immediately contact the competent authorities, which are obliged to protect your interests:
- Rospotrebnadzor (slippery floors, unstable arrangement of bottles on the shelves);
- "Gospozhnadzor" (narrow passages, mountains of stock products).
I was walking between the shelves in the supermarket and accidentally touched a tall bottle with olive oil, which stood on the edge, on the bottom shelf. The bottle flew off the shelf and shattered.
In my pharmacy one year old child dropped the box with the bubble. Inside is some kind of cough syrup.
Life events
Such situations usually occur in self-service stores, where the goods are paid for at the exit, and the selection of goods takes place on the trading floor.
Casuistry
Many believe that until they have paid for the goods by check i.e. did not become the owners of the goods, they are not responsible for damage and damage to this goods. In fact, this is a delusion. If the store administrator on the spot considers that the price of the goods spoiled by the buyer is insignificant, then the buyer can get away with his own oversight. However, if the product turns out to be expensive by the standards of the store, then it will be able to recover from you the cost of the damaged product along with legal costs.
Let's turn to the Civil Code of the Russian Federation to find out the seller's responsibility for goods that have not yet been sold. Article 211:
The risk of accidental loss or accidental damage to property is borne by its owner, unless otherwise provided by law or contract.
We will find out when the buyer is responsible for damage to the goods. Article 459:
Unless otherwise provided by the contract of sale, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is deemed to have fulfilled his obligation to transfer the goods to the buyer.
The seller fully fulfills his obligations when he gives you cashier's check... Article 493:
Unless otherwise provided by law or the retail sales contract ... the retail sales contract is deemed to have been concluded in proper form from the moment the seller issues the cash or sales receipt or other document confirming payment for the goods to the buyer.
It would seem that everything is correct: until you have paid for the goods and have not received the check, no one can shift the risk for damage to the goods on you. However, it is not. Until you pay for the goods, you do not own it and if you damage the store, Article 1064 applies:
Damage caused to the person or property of a citizen, as well as damage caused to property legal entity is subject to compensation in full by the person who caused the harm.
At the same time, in the same article 1064, a saving clause for the buyer was added:
A person who has caused harm is exempted from compensation for harm if he proves that the harm was caused through no fault of his.
Thus, in order to avoid liability for material damage caused, the buyer must prove that the store's property was damaged through no fault of his, since the absence of fault excuses him from liability.
The store, in turn, will need to prove the existence of harm as a consequence of the buyer's illegal actions (for this purpose, with your participation, an act of damage to the goods is drawn up).
Let's look at examples
If you took the bottle in your hands and did not hold it, then this is completely your fault and you will have to pay for this bottle. However, if you slipped on the freshly washed floor and demolished a whole rack of alcoholic beverages, this is entirely the fault of the store and you have the right not to pay broken bottles.
Another example: you put the goods on the conveyor belt, the cashier started the mechanism, the belt started to move, the bottle fell and broke. It is also completely shop wine and you do not have to pay for the cost of this bottle.
Another example: A customer touched a tall bottle that was on the bottom of the shelf. In this case, two options are possible: If the buyer made his way through the aisle full of boxes and cans and physically could not pass without touching something, then this is entirely the store's fault and no one can force him to pay for the damaged goods; if she was walking near the shelves and accidentally touched the edge of her clothes on a bottle that fell and broke, then it is her own fault and she is obliged to pay the cost of the broken oil.
| Buyer's fault | Seller wines |
Nowadays, the pricing policy of stores is such that the price of the goods includes the risk of damage and accidental death, so the store can meet you halfway and not demand payment for the goods, even if it is obvious your fault. |
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General Buyer Tips
This article was written for informational purposes only, so all examples look sterile and unambiguously in favor of one side or the other. In a real conflict over a product spoiled by a buyer on the trading floor, the buyer will always be right and for this, in addition to an identity card, he will need proof:
1. Two witnesses;
2. The act of damage to goods, indicating the reasons for the damage;
3. Application addressed to the director of the store about the refusal to pay for the damaged goods, indicating the reasons.
The questions of the readers of the Pskovskaya Lenta Novosti are answered by the lawyers of RUMIT LLC.
Question: Recently, in one of the Pskov supermarkets, I accidentally broke a bottle of juice. The supermarket administration made me pay for it. Are the actions of the administration legal? In the Law "On Protection of Consumer Rights" this moment not considered.
Answer: In the Law of the Russian Federation of 07.02.92 No. 2300-1 "On Protection of Consumer Rights" this moment is really not considered. When resolving this situation, you should be guided by The Civil Code RF (hereinafter - GK F), namely article 211 "Risk of accidental loss of property" and article 1064 "General grounds for liability for harm."
In accordance with Article 211 of the Civil Code of the Russian Federation, the risk of accidental loss or accidental damage to property is borne by its owner, unless otherwise provided by law or contract. According to article 459 of the Civil Code of the Russian Federation, unless otherwise provided by the contract of sale, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer.
For retail purchases in a store, there is no written sales contract between you and the seller. However, the form of the contract in this case will be a check or other document confirming the fact of payment (Article 493 of the Civil Code of the Russian Federation). Thus, until you pay for the goods and receive a check from the seller, the store will be considered the owner of the goods, and it will be he who will be responsible for the risk of accidental destruction of the goods. But after the paid product is in your hands, it becomes your property.
However, it is necessary to distinguish between accidental loss and loss of goods due to the fault of the buyer.
Based on the analysis of the norms of the Civil Code of the Russian Federation, it is seen that a person can be considered innocent if he proves that he has shown sufficient discretion and care, which were required of him in a particular case, and took all necessary and possible measures from himself to prevent harm. In turn, the absence of guilt (except for the cases specified in the law) excludes the occurrence of the person's responsibility.
For example, a customer dropped a bottle of juice while walking through a narrow, cluttered aisle in a store. CCTV cameras showed that the buyer walked carefully, slowly, holding the bag, trying not to touch the nearby shelves with the goods, but the bottle nevertheless fell. Based on this situation, the buyer should not refund the cost of the goods, since he is innocent. The buyer showed a reasonable degree of caution on his part, but the seller, on the contrary, helped to ensure that the bottle was broken.
Another example, a buyer reached for one product, touched another, and he fell, then it is quite difficult to determine whether it was a simple negligence or an accident, for example, if the product was not standing well and the slightest movement could provoke it to fall. In this case, each of the parties will have its own point of view on the issue of the person's fault.
The store can collect the cost of the broken product from the buyer either voluntarily or in court. If the buyer believes that the damage to the goods was due to his guilty actions, he can compensate for the damage on a voluntary basis. However, if the buyer does not consider himself guilty, then the store administration has no right to compel him to compensate for the damage.
The buyer, if he does not intend to voluntarily compensate for the damage, must also explain his arguments to the store administration in the correct form, take part in drawing up an act or protocol (if the store administration draws them up). This must be done, because if suddenly the store administration decides to go to court for damages, then the above documents will be evidence. And if information is entered in them not in favor of the buyer (only the position of the store administration), then it will be difficult to prove your innocence in court.
Thus, if the buyer does not admit his guilt and refuses to compensate for the damage of the broken product, the store administration can collect the cost of the damaged product only in judicial procedure... Nevertheless, as a rule, store administrations apply to the court for damages only if the damage was significant, especially since in most cases the risk of accidental destruction of the goods is already incorporated into the cost of the goods. Therefore, in most cases, the issue of compensation for harm in such situations is decided in pre-trial and depends mainly on the buyers and sellers themselves.
You can send your questions to: [email protected] website (marked "Legal advice").
29.05.2015 18:41
What if you crashed a product in a supermarket? "Notes" asked a lawyer whether the buyer should always compensate for the damage.
Popping into a supermarket during the distribution of goods, you often come across an accumulation of boxes and boxes - one careless movement, and the structure runs the risk of losing its balance. Usually, in such cases, the visitor will receive a disappointing verdict - to pay for all the spoiled products.
Does the Consumer Protection Law oblige to pay for broken goods?
“Unfortunately, the law“ On Protection of Consumer Rights ”is not currently being considered. When resolving this situation, one should be guided by the Civil Code of the Russian Federation, namely, Article 211 "Risk of Accidental Loss of Property" and Article 1064 "General Grounds for Liability for Causing Damage". In accordance with Article 211 of the Civil Code of the Russian Federation, the risk of accidental death or accidental damage to property is borne by its owner, unless otherwise provided by law or contract, ”says lawyer Elena Sadovnikova.
According to her, until the moment of payment and issuance of the check, the store is considered the owner of the goods. This means that it is he who is responsible for the risk of accidental damage to the goods.
“Based on the analysis of the norms of the Civil Code of the Russian Federation, the buyer can be considered innocent if he proves that he showed sufficient discretion, which was required of him in a particular case, and took all necessary and possible measures to prevent harm. In turn, the absence of guilt (except for the cases specified in the law) excludes the onset of responsibility, ”explains Elena.
For intentional destruction or damage to someone else's property the Code administrative offenses provides for a fine. But you need to clearly distinguish between when the buyer is guilty, and when the store.
The buyer is guilty if:
- picked up the goods and inadvertently dropped and smashed it;
- if the product was damaged by "unnatural" behavior in the trading floor (running, fighting, being in a state drunkenness etc.);
- deliberately smashed one or another product (for example, you picked up a bottle of an expensive drink and threw it against the wall with all its might).
In these cases, you caused damage to the store through your own fault and are obliged to compensate it in in full... After payment, this item becomes your property.
A store is guilty if:
- in the trading floor there are narrow aisles that do not meet the standards, or these aisles are filled with boxes, "slides" of goods;
- the goods are unstable on the rack, and by taking one can, you destroyed the entire "structure";
- the floor in the store is wet and you spoiled the goods by slipping;
- the product crashed after falling off the tape at the checkout.
In these cases, the fault lies entirely with the store, and no one has the right to demand compensation from you.
What if the store is to blame?
“If the administration of the store requires you to pay for the goods damaged through no fault of yours, feel free to ask for the complaint book and leave a record of what happened in it. At the same time, require the administration to draw up an act on damage to goods, in which indicate your observations. For example, that there was a wet floor in the aisle, or the width of the aisle does not correspond to the norms. Enlist the support of at least two witnesses of the incident (this can be your family and friends, as well as other buyers of the store). Also inform that you do not intend to pay the cost of the goods, and if the administration wishes, it can demand reimbursement through the court. You have every right to do so. In 99% of cases, the incident will be settled, and the store will not sue you, because not a single administration representative wants to subject the store to additional checks, in which it turns out that the distance between the rows is indeed less than established by law. The fine in this case will be much higher than the cost of the goods you spoiled, ”the lawyer advises.
Here's what the rule of law says:
"The risk of accidental loss or accidental damage to property is borne by its owner, unless otherwise provided by law or contract" (Article 211 of the Civil Code of the Russian Federation).
And "the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when ... the seller is considered to have fulfilled his obligation to transfer the goods to the buyer" (Article 459 of the Civil Code of the Russian Federation).
The sales contract is considered concluded if the seller has issued to the buyer sales receipt or another document confirming payment for the goods. That is, in general, until you pay for the goods and you are not given a receipt, the store is responsible for the goods.
However, not all so simple. Much depends on what is meant by "accidental damage to the item" and whether it really crashed by accident - or was it your fault.
The point is that in civil law a kind of presumption of guilt- the buyer is exempt from compensation for damage only if he proves that the goods were broken through no fault of his.
Thus, if you are to blame, the store really has the right to demand payment for the broken product, but if it is not your fault for what happened, you do not have to pay.
The responsibility lies with you , if:
You deliberately spoiled the product, for example, smashed a bottle of ketchup against the wall;
You spoiled the goods by negligence (negligence is a form of guilt in civil law);
In case of careless behavior, a person does not intentionally violate other people's rights, but does not show sufficient care and prudence, and therefore cannot foresee what consequences his actions may lead to. In a word, if you took from the shelf to look at a beautiful vase that you wanted to give your mom for New Year, but it slipped out of your hands and broke - this can be considered negligence.
In addition, you yourself are to blame for the damage to the goods, if you ran around the trading floor, were intoxicated, danced and generally behaved inadequately.
The responsibility lies with the store if:
You slipped on a wet floor, caught a rack with a basket, or touched boxes with goods standing in the aisle with a trolley; in this case, you do not have to pay for the damaged goods, there is no fault in your actions, and the store bears the risks of damage to the goods, because it was its employees who placed the goods on the shelves inconveniently and did not put a warning sign that they had recently washed the floor in the aisle between the shelves ;
There are certain rules regarding the distance between shelves in stores. So, according to GOST 51773-2001, it should be at least 1.4 meters... If it is less, or the passage is blocked by boxes - this is a violation, and you need to complain to the State Fire Inspectorate. The store can be fined if violations are revealed.
You should complain to Rospotrebnadzor about wet floors and inconvenient arrangement of goods in the sales area.
What if the administration forces you to pay?
If the buyer himself is to blame for the damage to the goods, he can voluntarily reimburse the store for its value. However, if he does not consider himself guilty, then the store administration can get him to pay for the damaged goods only through the court.
Pressure and threats in this case are a violation of your rights. Ask the administrator for a complaint book, as well as drawing up an act on damage to goods. In the act, write about your point of view on what happened. You may need the help of eyewitnesses - relatives, friends, or other shop buyers. This act can become evidence in court.
At the same time, in no case give your documents to the store employees, they have no right to demand a passport from you.
What if the security guard does not let you out of the store?
If you explained to the store administration that you agree to compensate for the damage only if your guilt in the damage to the goods is proven through the court, and the PSC employee still does not release you, acts rudely or threatens, he exceeds his authority. According to article 203 of the Criminal Code of the Russian Federation, for this he could face up to two years in prison. If the guard used violence or threatened to use it, used a weapon or special means, he faces up to seven years in prison.
You can complain about the actions of the security guard to law enforcement agencies, because they are the ones who license security activities.
Where to complain?
If the store nevertheless forced you to pay for an accidentally damaged product, contact the internal affairs bodies and Rospotrebnadzor, write a statement to the store management and demand the return of the funds paid, file a lawsuit against the store.
