If the buyer spoils the product. Legal advice: What to do if you break a bottle in the store

There are frequent cases of damage to goods on the territory of the store or point of sale... A buyer who accidentally breaks the product and does not pay for it, according to the law, in some cases, does not have to compensate for damage.

We will tell you how to defend your rights and not be responsible for the damaged, broken goods in the shop.

Who is responsible if a customer or a child breaks a product in a store - what does the law say?

In accordance with the current legislation, it is possible to distinguish several main articles that will help protect the rights of the buyer:

1. Article 211 of the Civil Code of the Russian Federation. It states that he is responsible for all goods sold at the outlet, its owner and no one else. This important article plays a big role.
2. Article 459 of the Civil Code of the Russian Federation. He says: if a sale and purchase agreement is concluded between the owner and the buyer, then the responsibility for damage to the property is shifted to the buyer / client.
3. Article 493 of the Civil Code of the Russian Federation. The law specifies that a buyer enters into a sales contract when he buys a product and receives a receipt or check in return. Thus, without purchasing a certain product in the store, without paying for it at the checkout, you are not obliged to be responsible for its safety. The owner of the store or his employees, sellers, cashiers are responsible for it.
4. Article 1064 of the Civil Code of the Russian Federation. It determines that the buyer / client will compensate for damage caused to the goods with intent and even through negligence. The same article states that a buyer who has proven his innocence will be exempted from paying compensation.

Thus, we can conclude that the buyer, accidentally smashed goods in a store or on the territory of a retail outlet legal entity, should not compensate for the damage caused.

but if the store manager sues you, then he can refund for damaged products - this is evidenced by many examples. Since the client's fault will not depend on chance or intent, he will be found guilty of damaging the goods.

According to article 7.17 of the Code of Administrative Offenses of the Russian Federation if the buyer's fault is proven in judicial procedure, then he expects not only compensation for losses, but also the payment of a fine, which can be 300-500 rubles.

There are also exceptional cases when the buyer proves his innocence. If the damage to the product was not caused through his fault, then it will not be the buyer who will be responsible for this, but the store employee.

Let's give a few examples and figure out who is right and who is to blame in such situations:

1. The buyer was holding the goods in his hands, did not have time to deliver and smashed. The blame remains with him.
2. The customer slipped on the wet floor and smashed the products on the shelves. He remains right in this situation.
3. The buyer put the purchases on the tape, after which something fell and broke. Responsibility lies with the employee of the outlet or the owner of the store.
4. A customer passed through a narrow passage and accidentally touched a damaged product. There can be a fault of both the buyer and the owner. There are special requirements for premises engaged in retail trade, they are spelled out in paragraph 1.111 of SNiP 2.08.02-89 under the title " Public buildings and structures ". For example, in small shop the width between shelves or shelves must be at least 1.4 meters. It is worth making sure what the minimum distance should be in order to prove your case. By the way, there may be a fine for such a violation.
5. The buyer smashed the goods because he could not walk down the aisle because of the placed boxes and cans. The fault lies with the store employees.
6. The customer danced in the aisle or rode a cart and then smashed the products on the shelves. The fault is entirely his.
7. The child grabbed goods from the shelves and smashed them. Parents will be responsible for what they have done. However, the store must prove the buyer's guilt through a court.
8. The buyer bought the product, received a check and, leaving the store, stumbled and broke some purchases. The sales outlet employees will definitely not be responsible for this.

Do not forget that there may be video cameras in the store. If you really are to blame for what you did, it is better to try to negotiate with an employee of the store. This way you can avoid administrative responsibility.

The guilt of the buyer and the store - how to determine who is to blame for the damage to the product or shop window?

Let's take a closer look at how to determine who is to blame.

The buyer will be wrong if:

1. He smashed the goods due to his carelessness or carelessness, while taking it in his hands.
2. Behaved inappropriately in the store. This can be fights, waving hands, dancing, riding in trolleys, running, etc.
3. Deliberately spoiled the goods.

In these cases, the customer visiting the store will be wrong. He will have to be brought to administrative responsibility in court.

And the store representatives will be guilty if:

1. Do not comply with the requirements for ensuring safety in the room.
2. The racks are not installed according to the norms, unstable.
3. Do not fulfill their responsibilities for the safety of products.
4. The work will be distributed incorrectly between specialists, they will not know who is responsible for what and when. For example, the case with a wet floor.

In such circumstances, the buyer's fault is excluded. If they demand compensation from you, you can safely stand your ground - on the refusal to pay for damage.

What if the seller or administrator requires payment for the broken item - does the buyer have to pay?

Let's list what should be the actions of a store visitor if he breaks the product:

1. Ask the store staff for a complaint book. Describe the whole situation in it, for what reason the goods were damaged, how it happened.
2. Ask two buyers like you to witness what happened. It may even be your acquaintances, relatives, with whom you came to the store.
3. Require specialists to draw up a product spoilage report. You have every right to write your version in the document - the cause of the damage. For example, installed racks are placed close to each other.
4. Say that you will not return compensation for the harm caused , since the damage was not your fault.
5. Let them know that you can discuss all the issues in court. Some outlets' specialists are afraid that they will be brought to administrative responsibility, which is why in practice 99% of store representatives forget about damage to goods.
6. In no case do not give your personal documents to the employees of the trading floor. ... Only a police officer can demand a passport - not a seller, and not even a security service specialist.
7. In some situations, it is better to turn on the voice recorder or video recording. to prove your case later.
8. The security guard who will detain you and make you pay for the broken goods, remind you of Article 203 of the Criminal Code of the Russian Federation. For exceeding their powers and detaining a visitor to a retail outlet, a security guard or an employee of a private security company faces a 7-year imprisonment. Any rude actions in your direction will be punishable by law.

Of course, it is better to act according to the situation.

Where to go to protect your rights if you broke the goods by accident and there is no fault of yours?

If such a situation arises, the store visitor can either pay for the damaged product, or refuse to pay.

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.

Read also:

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 demand 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:

1. 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.
2. 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 arrived on call from store employees or you still have claims 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).

There are times when a trip to the store can be overshadowed by an accidentally broken bottle of wine, a jar of cucumbers, a box of dishes. Almost all store employees come running to the loud clink of glass. The would-be visitor will be required to immediately reimburse the cost of the goods. decided to figure out whether the client should pay for such a purchase or he has the right not to do so.

Who is obligated to pay for a broken item in a store?

"The risk of accidental loss or accidental damage to property is borne by its owner, unless otherwise provided by law or contract. This is what Article 211 of the Civil Code tells us. And according to Article 459 of the Civil Code of the Russian Federation, the risks are transferred to the buyer from the moment when the seller is considered to have fulfilled his obligation to handing over the goods to the buyer, "said Marina Zhirnykh, acting head of the consumer rights protection department of the Rospotrebnadzor Administration for the Altai Territory.

You may get the impression that you can walk around the store, beat the goods and then go home with peace of mind. But this is not the case. Article 1064 of the Civil Code will not allow this, because "harm caused to the person or property of a citizen, as well as damage caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm."

In this case, the buyer is released from liability for an unbought broken product if he proves lack of guilt. It should be borne in mind that parents are also responsible for the pranks of children.

That is, the buyer is not obliged to pay for the accidentally broken product, if the check has not yet been broken off. Until this moment, the store bears all responsibility. But after the paid product is in the hands of the buyer, it already becomes his property. You need to consider did you really break the product by accident or did you do it deliberately? In the event of damage caused with intent, the person is obliged to compensate for the damage. Moreover, such an unlawful act can be regarded as hooliganism or vandalism.

When will the customer have to pay for the broken item?

* if the goods were in your hands;

* if you were able drunkenness;

* if the emergency happened due to a fight in the trading floor;

* if you did it on purpose (for example, you threw a can at the wall with the words: "I will arrange a fun life for you").

If one of these situations happened to you, you will have to pay for the forced purchase. After the check is beaten off at the checkout, you will become a full-fledged owner of the goods spoiled by your fault. By the way, you can collect the remains of what has survived. For example, in a collapsed box with a set of dishes, several plates may survive. A trifle, but nice.

When is there no need to pay for a broken product?

* if the store has narrow aisles that do not meet the standards (their width must be at least 1.4 meters);

* if the aisles are filled with boxes, "slides" of goods;

* if the goods are unstable on the rack, and, having taken one can, you destroyed "the whole structure";

* if the floor in the store is wet and you spoil the goods by slipping;

* if the product crashed after falling off the tape at the checkout;

If one of these cases happened to you, the store has no right to claim damages from you. The fault lies entirely with the store.

What if the administration forces you to pay?

If the store administration requires you to pay for a damaged product that has become unusable through no fault of yours, ask for a complaint book. Also require the administration to draw up an act of damage to the goods, in which be sure to write the reason for what happened.

Next, you need to find two witnesses. Warn the administration that they may demand damages in court. But, as practice shows, in 99% of cases, the store does not want to attract additional attention of the regulatory authorities. If your arguments are confirmed, the fine in this case will be much greater than the cost of the damaged product.

Also note that to draw up an act, your passport data will be required. In no case do not give your passport into the hands of the store representatives, because they can take it as a deposit. This is unacceptable, you can simply dictate the details of your passport without showing it to anyone. But you are not obliged to do this either, only police officers can demand documents, but not sellers or security guards.

If the store had a wet floor or the goods were unstable on the shelves, do not be too lazy to report this to Rospotrebnadzor. Inform the State Fire Inspectorate about narrow aisles and boxes between racks.

"If you broke a bottle in a store, who pays?" This question is asked by buyers faced with such a situation. V modern world many shops - supermarkets. They are convenient for the consumer, because you can get closer to the product, read everything that is written on the packaging and decide whether to buy it or not. How is this regulated at the level of legislation? Does the seller have the right to claim immediate damages?

Legislation

Stores can happen different situations for example, a consumer accidentally touched a glass jar in an attempt to reach for the product he needed and broke it. And the guard asks to pay in full the amount of money for the lost goods. In many cases, buyers, without knowing the law and normative documents, agree with this and give the required amount of money so that they are no longer attached to them, and the conflict does not acquire global dimensions.

The current legislation states that a person must pay for the damage if this action was committed precisely through his fault, but this must be proved.

To assess the guilt on the part of the store administration, the following circumstances are considered:

• freshly washed or slippery floor;
• blocking up passages with boxes or other objects;
• the bottle fell on the conveyor belt while moving to the checkout;
• the item is placed unstably and inaccurately.

To correctly determine whether the buyer is guilty or not in what happened, you should pay attention:

• whether his actions were conscious, for example, he took a bottle and knocked it against the wall;
• was in a state of alcoholic or drug intoxication.

In order to understand what the allowable size of the passage between the shelves should be, it is necessary to study the requirements of GOST.

Information from state regulations:

• with a trading floor area of ​​up to 100 m 2, the passage should be 1.4 m;
• with a trading floor area from 100 m 2 to 150 m 2 - 1.6 m;
• with a trading floor area from 150 m 2 to 400 m 2 - 2 m;
• with a trading floor area of ​​more than 400 m 2 - 2.5 m.

Knowing the standards of GOST, you can safely declare a violation of the requirements to the seller or store administrator.

What to do if you are asked to pay for a damaged product

If the very fact of the loss of property has already occurred and the broken bottle is lying on the floor, in order to regulate the controversial circumstances, a security representative approached the buyer and demands a refund, threatening that it will be impossible to leave the store.

1. This is unauthorized actions on the part of the security guard and the result of such behavior can threaten him with imprisonment for up to 7 years, as this will be considered an abuse of authority in relation to the consumer and a misunderstanding of job duties. The security representative must be extremely polite and attentive, he has no right to take the buyer by the clothes, bag or wallet, and must express comments in a mild form.
2. If the store administrator was notified of the broken bottle, and he insists that payment for the damaged product be made according to the full price list, then it will be wrong to grab the wallet right away, the consumer's accusation must be proven.

The amount of money for damaged goods will be charged in the event of a court decision.

Consumer actions when contacting the administration

In order to act competently in this case and so that there are no doubts about: “broke a bottle in the store, and who should pay”, the consumer needs to correctly understand the content of legislative acts and apply them in practice.

The proposed algorithm of actions:

1. The main thing is not to panic, but to calm down in order to correctly build a chain of upcoming events. If a person's nerves are simply losing out at this moment, then it will be difficult for him to concentrate on the problem.
2. Ask the administrator or the seller for a book of complaints, while doing it politely, without emotion. No need to give in bad mood if the item is broken.
3. In the book, describe in detail the problem, including the reaction of sellers to the current situation. To do this, restore everything again in memory, so as not to miss even small moments.
4. If there are witnesses, ask them to leave an autograph. This will be a confirming fact that there is no fault of the buyer in this act, since he could not admit the thought: "Now I will break the bottle on the rack."
5. Ask the person who is the authorized representative of this outlet to draw up an act of loss of products, in which they thoroughly state the whole situation (it is possible that the cause of the incident was a slippery floor, an inappropriate step or incorrectly located racks).

If it turned out that the knowledge of the buyer, determined by state regulations and standards, did not satisfy the sellers, and they still demand payment for the damaged goods or damage caused, then the next step in clarifying the circumstances will be to appeal to the court.

The consumer is not obliged to pay for the goods directly to the seller or the person representing him, upon request.

Going to court and court decision

To apply to the court, the seller or entrepreneur must present the following documents:

• statement with detailed and summary about the fact that happened;
• testimony of witnesses, if any;
• a receipt confirming the payment of the state duty;
• other documents about what actions were taken and testifying to their innocence.

Contacting the authorities dealing with the resolution of such disputes, the store owners will not bring them credibility, since field inspections will begin:

• special fire fighting services;
• representatives of Rospotrebnadzor;
• other authorities, depending on the purpose of the goods being sold.

It is for this reason that entrepreneurs do not create such conditions for the case to go to court; it is really easier for them to take the costs of losses on themselves. Otherwise, their reputation may suffer.

Decisions made on the basis of legal proceedings can be in favor of the defendant or in favor of the plaintiff.

For example, a seller who went to court deliberately inaccurately placed the goods on the shelf so that they could break it and pay money for it, but does not admit what he had done, and the camera installed in the trading floor recorded everything. That is, there was evidence of his guilt. As a rule, the court in this case makes a decision that the buyer is innocent, and the store itself bears the costs for the damage caused. In other words, the plaintiff's guilt is here.

Another example: when choosing a product, a buyer accidentally hooked a glass bottle with his sleeve and it, falling to the floor, broke. The goods on the shelves were neatly arranged, but the floor was slippery, which triggered a fall. All these nuances were recorded on the camera, additional research was carried out, on the basis of which the factor was confirmed that this is exactly the case. Therefore, the judge ruled that the consumer was innocent.

The risk of accidental violation of the integrity of the property is borne by the owner, but in the absence of other circumstances in the contractual obligations. But if the purchase was purchased intact, then further actions to preserve its integrity in relation to it are transferred to the buyer. If the check is with the consumer, this means that he should be responsible for his purchase.

Initial release from damages or harm until proven guilty is called the presumption of innocence.

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 Civil Code RF 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 shall be deemed concluded in proper form from the moment the seller issues the cash register or sales receipt or other document confirming payment for the goods.

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 the property of a legal entity, is subject to compensation in 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 completely 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 hit the bottle with the edge of her clothes, which 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

you took the goods in your hands, and through carelessness dropped it and smashed it; your actions in the trading floor, violating the rules of service established by the store, led to damage to the goods; you have deliberately smashed the product; In these cases, you caused damage to the store through your own fault and are obliged to compensate it in full. Nowadays, the pricing policy of stores is such that the risk of damage and accidental death is included in the price of the goods, so the store can meet you halfway and not demand payment for the goods, even if it is obvious your fault.

in the trading floor, the aisles between the shelves are less than those established by GOST 51773-2001; when choosing goods, the aisle between the shelves was filled with goods or carts (baskets); you were pushed; the goods are unstable on the rack, the shelves do not have sides, the store does not provide an opportunity to select the goods without touching the neighboring ones; the floor is wet in the store (oil is spilled), 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.

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.