My responsibility of property damaged by my child?

Question

I was in Sainsbury’s the other day with the wife and our two y o little girl.

You know where all the products the are appealing to children are stored on the bottom shelves so kids will nag their parents to buy them. Well my wife made my little girl cry because she wont buy every single thing on the bottom shelf.

Plus, the little’n was breaking half the stuff.

In the end I said that if super markets want to get my child to nag me, then my child was more than welcome to destroy every tou she came across.

Do the have the right to make me buy any of this broken stuff.

A clerk said I would be.
I said that I had not entered into a contract with them yet and displaying the goods was an invitation to treat. And there for I had not requested to purchase anything.
They looked blankly at me and I walked off (thank god for stupid people.)

Can they ever make me pay?

*********

As an child under 11 is not responsible for their actions, and i may be 'preoccupied' with ‘observing’ they great offers. I though it might be no-one fault.

I hate it supermarkets do stuff like this.

I’ve recently started packing all the pizza delivery ads in the ‘returned postage paid’ envelopes I get with the ‘pre-approved’ credit card mail and posting them. I hate people that do stuff to piss me off just for the small chance that I might buy something from them.

This is the same thing for me.

Answer 1

Hi Speedball,

If you live in the UK,

The age of criminal liability in the UK is 10.
There is a two way issue here.

One is that the parents should have reasonable control of their child and the other is that the shop should reasonably forseen the fact that two year old children do not have sufficient control of themselves to know not to touch things and therefore should not put breakable items within the reach of a two year old. (contributory negligence).

I think that I would side with the parents on this occasion because a shop that sells toys relies on children being in the shop to sell their goods, they must therefore not be upset when young children break toys they have unrestricted access to.

If you have left the shop and they don't have your details they can't realistically trace you. It simply means you will not be paying any further visits to that particular shop.

I would like to see the outcome of a case like this though. It is really a matter of tort. Who was negligent? The parents or the shop owner?

The shop owners can't make you do anything, only the courts can do that. It is not really a criminal matter as I have already mentioned.

Just forget about it unless they have your details and have contacted you. If they have, then talk to a solicitor.

Good luck

Answer 2

We're not concerned with the law of contract here, but with criminal damage. You could see that your child was breaking things, you were in charge of her and you were reckless as to whether these things were being damaged or destroyed. A child doesn't need to be crawling around the bottom shelves of Sainsbury's, as they provide special trolleys for wheeling small children around in and responsible parents use them. Children are quite capable of learning moral lessons at that age (mine certainly were) and this is a lesson your little girl should be learning now. No, she can't have everything or even a sizeable proportion of the things she's screaming for (and yes, Sainsburys are very cunning in their arrangement of goods appealing to children, particularly at the checkout, where your attention is diverted elsewhere), but if she behaves, then perhaps she can look forward to a treat of some kind? If you are bringing her up to be utterly lawless, then there will be trouble ahead.

Answer 3

You are right a child under 11 is not responsible for thier actions, but the parent is, so the child could not be sent to Juv court for thier actions, but a parent can still be held responsible.

So yes, if a parent by neglect ( not watching the child properly) or by willful acts, alllow property to be destroyed, the parent will pay for each and everthing destroyed. If the parent does not, the parent can be changed and sued in civil court for the damages of the child.
Well I will not comment who I think the stupid person was in that situation, but yes, they can call the police, charge you with leaving without paying, and also sue you in civil court.

Answer 4

SIMPLE ANSWER YES, read on for full details
you are responsible under law for the actions of your children who are under the age of criminal responsibility (which is 10 now)

There is a stated case which has set the legal precedent already many years ago.

you enter the store to buy goods, knowing that those goods are on display
(you would have to argue you were a simpleton to say you didnt)
You have the child in your company, knowing ythe temprement and ability of the child
as your the parents, you are culpable for the actions of the child in equal proportino to the amount of care they require (which is why there is an age on responsibility).

once you are informed of tyhe damage by the store you are liable for the costs.

The police can only get involved if you refuse to give them your details (which you are obliged to under law)

but if you give them your correct address and number, or number of solicitor who acts for you.
they have to get the value of the goods back by civil court

Answer 5

Having myself broken one or two things in my time i just
informed member of the staff and they cleaned it up
and said no problem.They expect a certain amount of
breakage but not will full breakage so if a person or child
is deliberately doing damage they should be made to pay
or escorted from the premises and band from entering the store again.In the end it is us the customer who have to pay for theft and breakages with higher cost.

Answer 6

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Answer 7

It is not a crime if you refuse to pay for something your child broke, but the store can sue you for damages. Your defense would be that the store displays presented an "attractive nuisance" and invited your child to play with them.
It would be interesting to see how it turns out...

Answer 8

Of course you are responsible

A child of your responsibility is causing willful damage to property of a supermarket, and the supermarket has every right to cite you to court for compensation if you refuse to pay on the spot.

And then, you would be expected to pay their legal fees as well, assuming they have CCTV footage to prove that:
1) The act of destruction was being commited
2) You were aware of this happening
3) You refused to compensate for your destruction.

Also, if you did nothing to prevent the occurence, then you are causing some of the damage yourself, by means of FAILING to control child of your care.

I know I am going to get Thumbs down for this, but people never want to be the one to blame. Unfortunately, parents these days have no interest in being responsible, and let their kids away with anything; Bad parenting.

Answer 9

You are supposed to be a responsible adult, and parent. If you do not wish to take responsibility for the actions of your child, then don't bring your child into the store.

Answer 10

Cut the crap about "not entering into contract"and quit whining. Yes, YOU are responsible for damage caused by your kid. If my kid pissed on your rug I would not be responsiblle because we did not enter into contract for him to piss in the toilet.