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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47907
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Someone left some paintings and cards at my shop for me to

Customer Question

Someone left some paintings and cards at my shop for me to look over with a view to stocking them ( I did not ask the lady to do so),a staff member took them in and put them in the store room,I quickly glanced at them in the bag and realized they were not suited to our shop.When the lady came to collect them she opened the bag and claimed we had slashed one of the paintings and has now sent me a bill for £200!
How do I best deal with this?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long ago did she leave the items with you?

Customer: replied 10 months ago.
In the last month.I had them in our store for about two weeks.
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. If the paintings were left in your care (i.e. you had accepted responsibility by taking possession of them) you would have had a duty to look after them. If you, or anyone working under you, was negligent in the process and caused damage to these paintings then there could indeed be a potential liability on your part. The issue really is whether the painting was damaged whilst n your care and it was done through a deliberate or negligent act. Also you would only be responsible for paying her for the value of the damages, or what it would cost to repair it. So she cannot make a profit out of you.

At this stage she has only made an informal request. You are not in any way obliged to pay that. You can refuse to and reuse to accept any liability for the damage caused. The only way she can force you to pay is to take you to court and win. If she does so she would need to prove that your negligence had caused the damage in question. She may never go that far, she nay just issue demands and threats but only if she gets a court judgment can she formally pursue you for compensation.

You can see if she is willing to go that far and if she issues a claim you can think again whether to try and settle with her or try your luck in court. If you were to lose then at least you would not be responsible for paying her legal fees as the matter would go to the small claim court where each party pays their own.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.