If I own a retail garden center and a customer bought some bags of mulch, am I responsible for any clean up if the bags ripped open?

A customer purchased 6 bags of mulch from me. However, since it had rained, the bags were wet. She is now sending me nasty emails and demanding that I pay damages for cleaning of her vehicle. She had her car detailer send me a bill. What am I to do?

Asked on June 14, 2014 under Business Law, Wisconsin

Answers:

Shawn Jackson / The Jackson Law Firm, P.C.

Answered 6 years ago | Contributor

Well, I would assume that two of the customer's undelying allegations will be "negligence" and "notice". So, the first question to you is "did you have reason to know that the bags could break under handling?" You may also want to consider had you had any previous incidents like this one that would give rise to posting a notice to such possibilities.

Shawn Jackson California Business Attorney/Mediator


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