Liability for damages

Lau2976

I'm back for more...

A friends daughter recently went into the local Tesco's to buy a drink on her way to school, she also needed to pick up a couple of things for a school event, she spent about twenty minutes (passing multiple staff members and interacting with one) She went to the tills where half of her stuff was put through before a manager came up to her and told her store policy meant that school kids n uniforms had to leave their bags outside and that they wouldn't finish serving her until she did. She was also told she needed to go to customer service to be served in the future. She left her bad outside and everything was fine. She went to her principle to ask if she knew about it and she said she didn't but that she would have to follow store policy while in uniform or she could risk being suspended.

She returned this week because she couldn't make it to the other shop because of time (Tesco is on the way to her school, the other ones are not) She was told the same, to leave her bag outside so she did but this time boys from the local school stole her bag and threw it across the road into deep puddles from the rain. The books were destroyed.

Tesco, her school, the boys school and the boys parents are claiming they have no liability for the books and now she has to pay nearly 400 for new books. Is there anything she can do to get the losses back. Tesco has no signs whatsoever stating there policy but as she was told before I thought she was liable?

whippet

Your daughter left the bag outside herself, Tesco didn't force her to. If she didn't want to leave her bag unattended she didn't have to go in to tesco. She knew what tesco's policy was before going in there the second time. Tesco have no responsibility for the bag.

The school have no hand act or part to play in this situation

The only people responsible are those who damaged the property.

You could make a complaint to the guards as it 'could' be deemed criminal damage. The only people who you can seek compensation from is the people who caused the damage. Unless they have decent parents you could be p1ssing against the wind ... but I would pursue them

Moderator: user warned for this post - legal advice.

coylemj

You go to a movie and park your motorbike outside (because you can't park it in the foyer). While at the movies, your bike is robbed.

Is the cinema owner liable?

Greenmachine

coylemj wrote: »

You go to a movie and park your motorbike outside (because you can't park it in the foyer). While at the movies, your bike is robbed.

Is the cinema owner liable?

Agreed. Only potential recourse for the parent in question, is with the parents of the boys who dumped the girls bag in the puddle.

Lau2976

Thanks thats what I told here so I'll tell her that her only chance is with the parents.

FreudianSlippers

Small Claims Court

hullaballoo

OP, be careful about taking as gospel what is said on this forum. In order for a lawyer to advise someone in relation to the likes of this, more detail would be required.

You have to assume that anonymous internet users are not professionally qualified. Even if they are professionally qualified, the likelihood is that they'll just post the first thing that comes to mind without thinking the issues through or carrying out any research.

A pinch of salt is needed.

Lau2976

hullaballoo wrote: »

OP, be careful about taking as gospel what is said on this forum. In order for a lawyer to advise someone in relation to the likes of this, more detail would be required.

You have to assume that anonymous internet users are not professionally qualified. Even if they are professionally qualified, the likelihood is that they'll just post the first thing that comes to mind without thinking the issues through or carrying out any research.

A pinch of salt is needed.

Oh yeah I know I'm going to get her in contact with an ex of mine, he's a barrister who deals with this and as far as I remember his rates are decent. Just didn't want that awkward call for nothing!

MarkAnthony

Not legal advice but practical advice, a bottle or water/squash is the order of the day I think. Absolutely ridiculous that the store has this policy, and I say this as a retailer with well over a decade of experience.

I'd write to Tesco's head office politely but firmly pointing out that you expect something done or you'll be asking friends/family etc. to not use the store. At the very least I'd expect them to release any CCTV they had to the guards, whom I suggest you involve.

Of course don't mention that none of you are mad enough to shop in there anyway :pac: