Clothes damaged by spilled paint in a shop

[TheBitterBoy]

A friend of mine was in a large DIY store recently when a customer dropped a can of paint which splashed all up her back, ruining her coat, boots and bag. The store were aware this happened at the time, but didn't make much attempt to help, short of offering some sugar soap wipes. None of it will clean off, and she has really tried, so she needs to replace all her things, which she can ill afford and is quite sad about. Do you think the store might pay for it? I'm not sure who is at fault here, but it seems a shame for her to lose out due to something that was entirely not her fault.

Difficult because it isnt the shop's fault either. Think I'd ask about their onsurance bacause it happened on their premesis.

I agree she should go and ask about their insurance. I'm not sure where legally she stands but the shop should help her out of goodwill if nothing else. I would be very annoyed if it were me

This really isn't the store's fault-did she get the details of the other customer? They are the ones who are responsible and she would be more likely to have redress from them.

It's the shops responsibility (not 'fault'). They will have insurance and 3rd party liability.

I would expect everything to be replaced without fuss by the store.

She's not saying it's the store's fault, but just cant afford to replace these items. I'll suggest to ask about the store's insurance, although I think she may have to try head office, as the staff in the shop didn't seem too bothered.

It doesn't matter whether it's the shop's fault,it is is still their responsibility. And they should be insured for this kind of thing. Your friend should contact their head office and ask.

What about her own insurance?

The diy store I worked at wouldn't have covered it. If you're walking down the road and get splashed with mud by a car you don't ask the council to replace your clothes because it's their road.

It's unfortunate but not a lot to be done. Could always ask the store but I can't see it happening. Probably best you'll get is a goodwill voucher. What kind of paint is it? Emulsion should come out on an anti stain wash.

Speak to the shop. They are likely to want to make good damage done on their premises and their insurance may cover it.

Businesses have a duty of care towards their staff and customers.

The DIY store will be insured, but by golly, they will try and worm their way out of it.

Not sure why she should have to claim from her own insurance? And if so which insurance? Home I assume, but the excess on that would be £200ish, so not worth claiming if you consider loss of no claims etc.
It's not as if she could have collared the customer who actually dropped the paint and demanded cash from him (well she could have tried I suppose, but I don't think she'd have got far)

Can you get this moved to legal matters ?
You may get more concrete advice

Hi there OP. We've moved your thread to Legal Matters, as requested. Hope you get some useful advice.

Well she shouldn't have to claim off her own insurance. She should be able to claim off the insurance of the person who knocked the paint over.
But if she can't do that, and can't afford to replace the clothes, that's what her own insurance is for.
It's not the stores fault.

I'm a manager in a DIY store, we would cover the costs but it's just a goodwill gesture, we are not obliged to. It's worth an ask to the store in question

[hopes it's not my store ]

She has to prove negligence against the store and she cant.

I had a pair of trousers ruined when some drain cleaner leaked onto them from a faulty bottle in Tesco. I went to customer services and they agreed to pay towards a replacement pair - I can’t remember the exact percentage but they asked me to buy a new pair like for like and produce a receipt and they gave me the cash. They took into account how long I had had the trousers for and deducted money accordingly. I was impressed to be honest! It’s worth her asking instore I would say based on my experience.

Could she not potentially claim the store is responsible as there should really be any unsealed paint canisters around?

Any time ive been to B&Q (not saying its them, just tje only paint store ive been to!) Cannisters habe been sealed, even colours mixed on site have been handed to the customer sealed.

In the circumstances described, unless the shop somehow contributed to the customer dropping the paint (e.g. the floor was wet and slippery) they are not at fault. From the description given it sounds like the customer is liable for the damage. If your friend got the customer's details she could make a claim against them. If not, all she can do is hope the shop will make a goodwill gesture. But she could also seek advice, e.g. from CAB. It may be that there is some pertinent fact missing from your description that means the shop is liable.

In order to claim against the shop's insurance you'd need to prove they were negligent in some way. In the absence of something being wrong with the paint stock (eg loose handle/lid) and customers being able to use trolleys or ask for assistance if it's something they feel they can't lift themselves, then what more does your friend think they could have done?

It would be different if it was a member of staff (in which they would be responsible for the negligent actions of their staff), but if the shop takes reasonable care with those things above then they can't be held liable for the unforeseeable actions of a customer. She'll have to claim against her home insurance unfortunately, or try to track down the other customer and ask them to pay.

Thanks everyone. She's going to ask the store, just in case they will make a goodwill gesture. To be fair she didn't expect them to offer anything and understood it's not their fault to resolve, but hoped it was possibly worth asking. The customer who caused the incident didn't hang around or offer details, so that's out. It's just a shame for her that a simple shopping trip has left her potentially out of pocket for a new coat, bag and boots that she can't afford, through no fault of her own.

I would have thought, if the incident occurred on their premises, they would have to claim on their insurance regardless. When I worked in s supermarket (many moons ago) if something similar happened in store, the insurance would cover it.

No only if the store was negligent or every tom dick and harry would try it on for free money.

Some stores will offer a good will gesture but they are not legally have too.

A dry cleaner can get it out of the coat but she needs to get it there ASAP !

Just a quick update - the shop was kind enough to offer a goodwill gesture of £50, which she has happily accepted. Its good news as she can now afford to replace her coat ( a drycleaners wasn't an option, the whole back of the coat was covered in paint).