C
coach
Guest
My wife bumped into a table and a lamp fell and was broken. The clerk told her "don't worry about it, it's ok". My wife was leaving the store and the clerk yelled for her to come back because the manager/owner wanted her to pay for it. He said it was a $400 dollar lamp but he would glue the broken piece back on and let her have it for $200. My wife called me and I went and spoke to the individuals involved. Here is where the stories start to differ.
My wifes story:
She was talking to clerk A and asking about the prices of some items. The clerk said "excuse me" and walked in front of my wife to get on the other side of her. When she walked in front of my wife, my wife took a step back and bumped into the table, knocking the lamp over and breaking it.
The clerk and owner's story:
Clerk A and Clerk B were both standing over by the register when my wife just backed into the table and knocked the lamp over.
After I got both stories seperately, I brought my wife in and listened while they both said, politely, that the other was not telling the truth. The owner proceeded to be rude and began yelling about "you people" (my wife is Asian) and other details that I wont get into unless they are requested and then threatened legal action at which point we left. In my first trip to talk to the manager, I asked the invoice price of the item at which he promptly changed the subject.
My question(s):
1) If the clerk did indeed walk in front of my wife and my wife stepped back to allow her to pass, is the clerk at fault, even if partially?
2) Even if my wife is totally at fault, should the owner be able to determine how much is acceptable for us to pay for the piece or is legally reasonable for me to pay the invoice cost and any shipping costs required to replace the piece?
3) If he takes it to small claims court (Howard County Maryland), can he recieve court costs as well as damages?
4) If the judge says he shouldn't get $200, only the amount he paid for the lamp, can he still make us pay court costs? Even if we offered to pay invoice price for the lamp in the beginning?
My wifes story:
She was talking to clerk A and asking about the prices of some items. The clerk said "excuse me" and walked in front of my wife to get on the other side of her. When she walked in front of my wife, my wife took a step back and bumped into the table, knocking the lamp over and breaking it.
The clerk and owner's story:
Clerk A and Clerk B were both standing over by the register when my wife just backed into the table and knocked the lamp over.
After I got both stories seperately, I brought my wife in and listened while they both said, politely, that the other was not telling the truth. The owner proceeded to be rude and began yelling about "you people" (my wife is Asian) and other details that I wont get into unless they are requested and then threatened legal action at which point we left. In my first trip to talk to the manager, I asked the invoice price of the item at which he promptly changed the subject.
My question(s):
1) If the clerk did indeed walk in front of my wife and my wife stepped back to allow her to pass, is the clerk at fault, even if partially?
2) Even if my wife is totally at fault, should the owner be able to determine how much is acceptable for us to pay for the piece or is legally reasonable for me to pay the invoice cost and any shipping costs required to replace the piece?
3) If he takes it to small claims court (Howard County Maryland), can he recieve court costs as well as damages?
4) If the judge says he shouldn't get $200, only the amount he paid for the lamp, can he still make us pay court costs? Even if we offered to pay invoice price for the lamp in the beginning?