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Question Details: When in a clothing store, I went to the counter and told the cashier I wished to buy a top, which I handed to her. I told her I wanted to try some other shirts on, and said I would leave my bag with her while I did so, as I would have to come back to buy the other top. She acknowledged this by saying okay. When I came back from the changing room, my bag, which I placed on the counter, was gone. What are my avenues for getting compensation for the lost item? Store management says that no one took responsibility for it on the day.
Filed under Consumer Law | 1348 View(s)
Community Law Wellington & Hutt Valley
If the cashier did agree to take responsibility for your bag while you were trying the other shirts on, then probably the store is responsible for compensating you.
When someone voluntarily takes possession of goods belonging to another person, the legal concept of "bailment" applies. The cashier in the situation you have described sounds like she was a "bailee" (that is, a person who accepted another person's property for safekeeping). The law expects bailees to take all reasonable and proper care that is appropriate in the circumstances. The store could escape liability for the lost bag by showing that the cashier did not actually accept or take responsibility for your bag, or by showing that the cashier did take all reasonable care in the circumstances.
If the store continues to be reluctant to acknowledge any responsibility, then a claim for the value of your bag could be lodged with the Disputes Tribunal. You can find out more information about how to do that here: www.justice.govt.nz.
Answered 22 Aug 2012. The IMPORTANT NOTICE below is part of this answer.
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