Legal Question in Business Law in Missouri

If you brek it, you buy it....

I was at a flea market recently and accidently knocked a plate of of a shelf. I was reaching for a hat which was displayed above the plate and the hat fell, knocking the plate off of the table. The owner of the flea market told me that I would have to pay for the plate {$125.00}. I refused to pay for it becuase I did not feel responsible since the plate was displayed in a poor manner....{ sitting on a small plastic easel on the table below the hats that were hanging on a hook}...I feel stongly that this was not my fault and I should not have to pay. Please tell me if a am wrong....


Asked on 1/09/05, 11:15 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: If you brek it, you buy it....

You are not wrong. Signs that say "you break it, you buy it" do not obligate you to buy anything if its broken. That's the reason businesses have insurance, to cover losses that occur as a result of droppage and breakage.

The other party would have to sue you to make you pay for the item, and they'd never win in court because their sign "you break it, you buy it" does not constitute a contractual obligation because you are not bound to agree to it.

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Answered on 1/10/05, 9:46 am


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