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AIBU?

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Original poster

If a child drops their ice cream, should the shop replace it free of charge?

308 replies

LittleRa · 11/07/2021 17:26

I witnessed this today. At the seaside, at a popular Italian ice cream/gelato store, takeaway window. The family in front of me- mum, dad and two kids. They got their ice creams and as they turned, the dad said to the eldest child about 8yo “don’t spill ice cream on your England shirt” Grin She put her tongue out to lick and licked too hard and the whole scoop fell off onto the ground. Cue tears from the girl and the dad huffing and puffing. He came back to the counter and seemed to be expecting it to be replaced for free. The person behind the til said so sorry she dropped it but we don’t do that, the dad was saying but I’ve just bought it, but she’s literally just dropped it and sighing loudly. In the end he did get his wallet out and pay for a new one though.

YANBU- it’s the parents’ responsibility to monitor the child’s ice cream and if the inevitable should happen, they need to pay to replace it.
YABU- the shop should replace it for free.

As an aside, I got my DD’s hers in a tub with a spoon Grin

OP posts:
Lemonmelonsun · 12/07/2021 10:49

Oh very true re licking!

maddening · 12/07/2021 10:50

If the child had dropped the whole cone then no, but when you scoop an ice cream you push it on properly. I worked at the cheshire ice cream farm as a Saturday and holiday job growing up, you definitely ensure that it is attached to the cone.

VeganVeal · 12/07/2021 11:51

I would check their T&C's and see when then transfer of ownership of goods occurs. Is it when the cone is handed over or after the first lick?

EmeraldShamrock · 12/07/2021 11:53

It isn't the shops responsibility though the ice-cream van man always replaces it I'd imagine those overpriced stands aren't so kind.
Sometimes the ice-cream isn't secured properly so the staff can be at fault.

WeBuiltThisBuffetOnSausageRoll · 12/07/2021 16:24

I would check their T&C's and see when then transfer of ownership of goods occurs.

Loving the idea of asking the 16yo Saturday kid to clarify on this before purchase Grin

bigmumsymcgraw · 12/07/2021 17:22

Absolutely parent responsibility to pay for new cone End of

Serrina · 12/07/2021 17:22

I wouldn't expect it, although if it was my shop I probably would

LittleMissPlant · 12/07/2021 17:26

I don’t see how a child can lick an ice cream too hard…especially when it’s been freshly made.

The ice cream should have been squashed on there.

LouH1981 · 12/07/2021 17:30

No, I mean as tragic as it is when any dessert is dropped (can you tell I’m on a stupid diet!)...surely it’s just bad luck, right?
I wouldn’t expect that if my children dropped one and they are much younger.

notalwaysalondoner · 12/07/2021 17:32

Hmmmm... if it happened within seconds of receiving it, it does suggest the ice cream wasn't the right consistency or hadn't been sufficiently pressed into the cone. But even so, they aren't obligated to replace it.

paws17 · 12/07/2021 17:32

Just wondered if all the YANBU-ers on this question would absolutely not feel a similar sense of entitlement if they'd just paid for an expensive bottle of wine in Sainsbury's or Tesco's and then dropped & smashed it as they were packing their shopping into the trolley?

busymomtoone · 12/07/2021 17:37

Guess this is one of those luck of the draw/ how kind the shopkeeper is sort of things - I don’t believe any shop would be financially ruined for just a few free scoops ( some let their staff eat limitless, and it is a high profit margin item) but equally of course they ARE running to make a profit and times are V difficult. We have been extremely fortunate to have free replacements not once but TWICE ( not for tiny children either!) at two different places- but each time I offered to pay and certainly didn’t demand/ expect/ act entitled. However, if they didn’t offer to replace I would be secretly and silently disappointed, and unlikely to repeat business.

WhatAFlaminGalah · 12/07/2021 17:38

When I was younger, about 4 or 5, this happened to me. My dad passed me the ice cream, I licked it and it fell off. The gelato guy said oh dear and made me a new one. He said “no, no” when my dad offered to pay. This was a small, Italian family run gelato place and it wasn’t expected that it would be replaced for free.

It’s down to the shop whether they replace it or not. They’re within their rights to say yes or no.

The father in the OP’s scenario was definitely a CF for expecting it though.

MissMaple82 · 12/07/2021 17:39

One scoop of ice cream ain't going to make them go bust. They have no doubt lost a returning customer with their bad customer service

Datsandcogs · 12/07/2021 17:39

First lick and it falls off with the child not being daft, yes they probably should replace.

I once dropped my drink in McDonalds in Paris, created a right mess and completely my fault, a replacement was in my hand before I even realised what was going on.

NameWithChange · 12/07/2021 17:40

Our lovely local shop did this for us. A stranger rushed/pushed past my child just as they were tucking into the ice cream and knocked it on the floor. Shop replaced which I thought was so lovely.

Stranger saw it fall, looked at my child's crestfallen face - and carried on...

Oblomov21 · 12/07/2021 17:41

No. It happens.

exaltedwombat · 12/07/2021 17:50

He tried it on, it didn't work that time. Everyone knew the rules. No harm done.

Bebethany · 12/07/2021 17:52

Well it would be kind if the ice cream was replaced, especially because of the Euros!!

Those scoops aren’t ideal for children & they often don’t push the scoop of frozen cream in sufficiently

Namechangedididittoo · 12/07/2021 17:52

This happened to us at we bought six lunches and drinks then six ice creams,our youngest walking back from the counter his scoop fell off onto the floor.
We purchased another scoop with no expectation of having it free it was our little boys fault not the shops

GumtreeGirl · 12/07/2021 17:55

This happened to my son at a National Trust place. Normally I’d say to him tough and be more careful (he’s 10) (but then probably cave in and buy another one cos I’m a sap) but in this case I felt justified in asking for a replacement as the ice cream was very cold and hard and the cone disintegrated as soon as he tried to bite into the ice cream and the whole lot went straight into the gravel. Literally right in front of the counter. They were fine about replacing as it was clearly a faulty cone.

But I’d not expect it, and I’d always ask nicely!

Lilibet2022 · 12/07/2021 17:56

Happened to my DD1 years back when she was around the same age. She got distracted looking out at the boats on the sea and missed her footing on a step and was pretty grazed up. I've no problem paying for a replacement but was a bit irked that they witnessed it all and didn't even ask if she was okay. We live and we learn. On the other hand I've gone to pay for something that's been dropped in similar instances and they've been more than happy to replace it for free.
Morally maybe they should but they also have no reason too either.

cordelia16 · 12/07/2021 17:57

@Middlesboroughgirl

Generally when this happens it is because the ice cream has not been secured on the cone properly. It was the shop's fault. They should have replaced it.
agree
Lilibet2022 · 12/07/2021 17:57

Obligation to not reason.

Annecu59 · 12/07/2021 18:00

I dropped two carrier bags of wine at the back of the checkouts and the supermarket replaced it! I didn’t expect them to but I shop there all the time now!