Legal Question in Business Law in California

Re: accidentally breaking an item

Sure. And it's covered by your homeowners' or renters' insurance, if the cost of the item is more than the policy deductible.

Re: accidentally breaking an item

After some research, I could find neither a statute (law) or any pulished case decision discussing this issue.

Here's what I think a court would hold if presented with this question:

First, it is not "illegal" for a store owner to REQUEST that a shopper pay for merchandise the shopper has accidentally broken, in that the store owner could not be sued successfully, or charged with a crime, for making such a request. Also, it is not "illegal" for the shopper to honor such a request by paying for what he or she has broken.

Next, in my opinion, the shopper may be liable to pay for the broken merchandise, but the store owner lacks the legal power or authority to make a final determination as to liability issue, or the amount of damages if the shopper is liable. Further, the store owner does not have the legal power, authority or right to detain the shopper.

The questions as to whether the shopper was negligent, or the store owner's own carelessness caused the breakage, and the value (rather than the price) of the thing damaged, etc. are not things that the store owner can decide unilaterally. Only a jury or judge, or the voluntary agreement of the store owner and the shopper, can determine liability and fix damages.

My opinions - and they are only my opinions - are based on the principle that only a court (judge or jury) can decide issues of liability and impose damages upon a party found liable.

Different principles would apply in instances of criminal conduct, such as wilful and malicious breakage of merchandise, shoplifting, etc.