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Richard, Attorney
Category: Legal
Satisfied Customers: 55278
Experience:  Attorney with 29 years of experience.
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We are a retail paint store. a customer asked one of our clerks

Customer Question

we are a retail paint store. a customer asked one of our clerks to carry a 5gallon bucket to her car, so he did. she had him put it in the back of her SUV , when he did the plastic mat she had cracked. now she's expecting us to buy her a new one, just curious what responsibility we have.
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
You have no legal responsibility to pay for this unless your clerk was negligent in some way. And, based on your narrative, he was not. Rather, he simply did as instructed and placed the bucket on the plastic mat. Neither he nor you are responsible for the fact that the plastic mat was not sturdy enough to withstand the weight of the 5-gallon bucket. Furthermore, even if the clerk had acted negligently, you would only be responsible for the cost of a new mat times the percentage of useful life left. Given the mat cracked, it was probably old and had no useful life remaining and you would not have liability in that event either. So, bot***** *****ne is that you need not agree to pay the customer.
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