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I have a small business in a small town. My husband ran the store for me for 15 minutes (as he has done several times before) while I drove my son to hockey. When I got back I pointed out an error on his part that cost me $50.00. Being from a small town, he drove out to see the lady and her husband to explain the error and asked it they would make it right by paying the correct price for the items or exchange them for the proper items for the price she paid. They would not agree. After talking to the police, they suggested small claims court. Is this an option or is there nothing I can do?
You have to weigh it all all out, hockeymom, if you live in a small town. Will this mistake make bad blood amongst you all if you take it to small claims court, or can you just eat the loss in good grace because you need the business and it would look good ?
If you live in a small town, you have to consider is the $50 worth it in travel time for you and your customer and the time involved away from your store?
As far as small claims court goes, yes, it would be you ronly option to get your $50 back, other then sueing, and then that would cost more then $50.
Location: Shoveling snow from my driveway into your driveway.
Posts: 8,312
Basically your husband made the mistake at the register. It was not up to the customer to correct him or correct his mistake. The sale or transaction was completed and she left the store. She did not shoplift or intend to shoplift. Your husband messed up. Make him pay for his mistake.
In the cases of where cashier's make mistakes when ringing up items in big stores, it is not the customer's responsibility to point this out to the cashier unless the customer notices the mistake. Quite possibly the customer didn't notice the mistake and just paid the amount that was on the register.
Very expensive lesson. Next time have hubby drive the kiddies instead.
Location: Shoveling snow from my driveway into your driveway.
Posts: 8,312
Quote:
Originally Posted by tickle
You have to weigh it all all out, hockeymom, if you live in a small town. Will this mistake make bad blood amongst you all if you take it to small claims court, or can you just eat the loss in good grace because you need the business and it would look good ?
If you live in a small town, you have to consider is the $50 worth it in travel time for you and your customer and the time involved away from your store?
As far as small claims court goes, yes, it would be you ronly option to get your $50 back, other then sueing, and then that would cost more then $50.
tick
Tick, honey, this really isn't legal advice you gave but an opinion on the matter.
You have to weigh it all all out, hockeymom, if you live in a small town. Will this mistake make bad blood amongst you all if you take it to small claims court, or can you just eat the loss in good grace because you need the business and it would look good ?
If you live in a small town, you have to consider is the $50 worth it in travel time for you and your customer and the time involved away from your store?
As far as small claims court goes, yes, it would be you ronly option to get your $50 back, other then sueing, and then that would cost more then $50.
tick
Small correction - filing in Small Claims Court IS suing. It's not an option "other than suing."
I'll say 25/75 in favor of the customer - the person at the store is "assumed" to have superior knowledge of prices. If this was outright fraud, if it is apparent that the price was incorrect, then I'll change my prediction - but I don't see that here.
Location: Shoveling snow from my driveway into your driveway.
Posts: 8,312
Quote:
Originally Posted by JudyKayTee
I'll say 25/75 in favor of the customer - the person at the store is "assumed" to have superior knowledge of prices. If this was outright fraud, if it is apparent that the price was incorrect, then I'll change my prediction - but I don't see that here.
I agree with you, JKT. Apparently this OP's husband was not an assumed, superior knowledged price checker. And the shopper did not play switch the price tags either, I'm sure, which is a form of shoplifting. Hubby was not paying attention to what he was doing. Expensive lesson. Don't let hubby run the cash register in the future.
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