Need explanation how Thai law is working if you broke something in store (not intentionally)

[clearance]

Hello! Our friends just come to BKK yesterday and went to Central World with their kids. In H&M store one of the kids push the plastic shop dummy while running and playing. Shop dummy feel and broke (severed hand).

H&M shop staff charged them for 25000thb. They don't know English, so they can't argue at the moment, so sum was paid. 

In most countries, this is store responsibility to mount and fasten everything correctly and firmly. And 25000thb for severed plastic shop dummy hand seems a bit overpriced. 

What can they do now? Can they go to touristic police? They have no photos or videos of incident, only invoice from the store that proof that 25000thb is paid.

Edited May 15, 2019 by clearance
typo

[NCC1701A]

2 minutes ago, clearance said:

In most countries this is store responsibility

really? i don't think so. running and playing? you break it, you pay for it. 

[NCC1701A]

5 minutes ago, clearance said:

And 25000thb for severed plastic shop dummy hand seems a bit overpriced.  

here is one for 15,000 baht. maybe damaged clothes as well?

 

https://www.shopforshops.com/b8181swnh-style-female-mannequin-pose-1-no-head-42cm-dia-glass-base-satin_3281552/

[clearance]

Yep, in Russia for example you can even sue the store. Like dummy is not fixed in place, so it can fall for a child and cause injuries ????

(Of course you need to proof that is was not intentional)

Edited May 15, 2019 by clearance

[Isaanbiker]

Tell them to call your first friends. The Thai Tourist Police under 1155.

 

Ane expensive dummy hand. Are you sure that it wasn't a zero less? 

[Isaanbiker]

5 minutes ago, clearance said:

Yep, in Russia for example you can even sue the store. Like dummy is not fixed in place, so it can fall for a child and cause injuries ????

Thailand is not Russia and nothing fell on any kids. I hope not too many dummies fall for a child. 

[clearance]

3 minutes ago, Isaanbiker said:

Ane expensive dummy hand. Are you sure that it wasn't a zero less? 

I wasn't here, so I'm not sure. Can they ask central world administration for video recordings?

[clearance]

2 minutes ago, Isaanbiker said:

Thailand is not Russia and nothing fell on any kids. I hope not too many dummies fall for a child. 

That why I'm asking what Thai Law saying about it. I bet it not just "you break it, you pay for it".

[Pravda]

Just now, clearance said:

That why I'm asking what Thai Law saying about it. I bet it not just "you break it, you pay for it".

 

Actually I'm pretty sure it's you break you pay. 

[Tayaout]

2 minutes ago, Pravda said:

 

Actually I'm pretty sure it's you break you pay. 

Unless you hit and run. 

[clearance]

15 minutes ago, Isaanbiker said:

Ane expensive dummy hand. Are you sure that it wasn't a zero less? 

Yep, they just sent a photo of the invoice, 25000thb.

 

So if they just run, they won't be charged? ????

Edited May 15, 2019 by clearance

[clearance]

Some proofs.

[from the home of CC]

once signed/paid off no going back now anyway even if they wanted to contest it  imo

Edited May 15, 2019 by from the home of CC

[timendres]

If I broke something in a store, and it was my fault, I would not need some law to convince me that I needed to compensate the store for what I did. That said, there was clearly room to negotiate that number.

[gunderhill]

1 hour ago, clearance said:

running and playing

how  about some decent  parenting? when i was a kid  you had to hold a  parents hand.

Thats said 25k,  hilarious!

Edited May 15, 2019 by gunderhill

[richard_smith237]

The mannequin should have been secured - if the weight of a child can knock it over, its dangerous - it could have fallen and hit another child. 

 

I'd be writing to H&M HQ about this - social media can be quite damaging in such cases if handled properly. 

 

Parents should of course been watching their kids, but you can't lock kids away from risk and kids will be kids, things will happen even when as a parent we think we have the possibilities covered - thus the simple fact remains, the mannequin was inadequately secured and thus dangerous. 

 

I'm not sure what Thai law says on this - an unsafe display item. Personally, I think your friends were ripped off on this, 25,000 baht seems incredibly excessive. 

[KittenKong]

1 hour ago, clearance said:

In H&M store one of the kids push the plastic shop dummy while running and playing. ....

H&M shop staff charged them for 25000thb.

Nowhere near enough. They should pay at least 50,000B just for having unruly kids, plus whatever the mannequin is worth on top.

[richard_smith237]

2 minutes ago, KittenKong said:

1 hour ago, clearance said:

In H&M store one of the kids push the plastic shop dummy while running and playing. ....

H&M shop staff charged them for 25000thb.

Nowhere near enough. They should pay at least 50,000B just for having unruly kids, plus whatever the mannequin is worth on top.

 

Of course they should, 'cos kids should be seen and not heard, right ?

 

... so what happens when while shopping for his knitted underpants a 'grumpy old man' unsteady on his gammy hip accidentally brushes against the Mannequin and knocks it over???....   

[worgeordie]

They should have bought a tube of Super Glue and fixed it,

that's most likely what the store will do,they made a profit

that day. 

regards worgeordie

[KittenKong]

3 minutes ago, richard_smith237 said:

Of course they should, 'cos kids should be seen and not heard, right ?

Absolutely. Badly behaved children should not be allowed in public places.

 

3 minutes ago, richard_smith237 said:

.. so what happens when while shopping for his knitted underpants a 'grumpy old man' unsteady on his gammy hip accidentally brushes against the Mannequin and knocks it over???....   

He should pay for it, of course.

[clearance]

20 minutes ago, KittenKong said:

He should pay for it, of course.

But should he pay 50k on top for being grumpy and old? ????

Edited May 15, 2019 by clearance

[Traubert]

21 minutes ago, worgeordie said:

They should have bought a tube of Super Glue and fixed it,

that's most likely what the store will do,they made a profit

that day. 

regards worgeordie

Beat me to it.

 

They paid for it, it's theirs now.

 

Ask H&M when it will be delivered to your friends house in whatever country. They were even daft enough to give them a signed receipt without stipulating who's cost the delivery is down to.

 

Game, set and match to your friends. They will have their money back very quickly.

[KittenKong]

1 minute ago, clearance said:

But should he pay 50k on top for being grumpy and old? ????

Only if he is annoying others. I think there are differences between real accidents and entirely avoidable carelessness, but regardless of that everyone should be responsible for their actions and those of whoever or whatever they are in charge of.

[KittenKong]

7 minutes ago, Traubert said:

Ask H&M when it will be delivered to your friends house in whatever country. They were even daft enough to give them a signed receipt without stipulating who's cost the delivery is down to.

Why should delivery be included or even offered? Presumably the people who broke it and paid for it could have taken it away with them if they wanted to. If they wanted delivery also they should have said so at the time.

[richard_smith237]

17 minutes ago, KittenKong said:

Only if he is annoying others. I think there are differences between real accidents and entirely avoidable carelessness, but regardless of that everyone should be responsible for their actions and those of whoever or whatever they are in charge of.

Agreed, and part of that responsibility is with the store to ensure something could not be knocked over by a child (or anyone else).

What if that mannequin were to fall onto another child, say a baby in a push chair. Is the store not responsible for ensuring its displays are secure?

 

I don't think the family are solely to blame here. The store is complicit in not adequately securing its displays. 

[KittenKong]

1 minute ago, richard_smith237 said:

Agreed, and part of that responsibility is with the store to ensure something could not be knocked over by a child (or anyone else).

What if that mannequin were to fall onto another child, say a baby in a push chair. Is the store not responsible for ensuring its displays are secure?

And what would happen if I wandered into a shop that sells imported Venetian glassware and knocked a load over? Should that glassware be nailed down or glued down too? I dont think so.

If the mannequin was arranged in such a bad way that it could fall over on its own then the store would be responsible. But if you have to run at it full tilt to knock it over then I think that it becomes the runner's fault.
Most people I know have enough wit to realise that it's probably best not to run around in shops. Small children don't know that which is why they should be left at home or in the car or otherwise restrained. Common sense really. The same applies to dogs: on a leash when in public and fitted with a muzzle if likely to bite. And if they crap on the floor the dog owner should clean it up. Just a matter of simple responsibility.

[clearance]

7 minutes ago, KittenKong said:

And what would happen if I wandered into a shop that sells imported Venetian glassware and knocked a load over? Should that glassware be nailed down or glued down too? I dont think so.

 

All expensive things must be insured, and yes, in some countries it is shop responsibility to avoid situations like this. What law saying about it in your home country?

[FritsSikkink]

2 hours ago, clearance said:

All expensive things must be insured, and yes, in some countries it is shop responsibility to avoid situations like this. What law saying about it in your home country?

That you are responsible for what your kids do, don't let them run around while shopping. Let them do that in your own house, or are you afraid they brake anything then?

[wisperone]

In the US, it wouldn't even had been an issue. Employee would have set it back up and that would be the end of it. On the other hand..no pun intended...depending on how wild the kids were running around, if the parents can't/won't control them, then they deserve to be charged for a reasonable cost amount to fix.

[gk10002000]

Sign in most USA antique or curio shops "you break it, you pay for it".  As far as any law about properly fastening things down... well, good luck with that and a lawyer and a court case.