The operator's responsibility for what is happening in its premises is wide, but not unlimited. Only the damage caused by its employees or those that are the result of the operation of the shop is at its expense. "It is not important whether damage has occurred because an employee has neglected his duties and whether or not damage has been avoided. The operator is responsible for everything that will cause the operation of his shop even if he has not breached any legal obligation in his activities, " says Lukáš Zelený, head of the legal department of the consumer organization dTest.
It will be quite different if the other customer causes you damage. This is no longer the responsibility of the store operator, and you can only heal the particular culprit. A good response can save you a lot of trouble at the same time. If the guilty person is reasonable and is trying to repair the damage he has done, he can do it without much difficulty. Some people, however, prefer to take the rabbits quickly so that they do not have to confess to their actions. "The injured person is entitled to interfere with the pest himself and force his co-operation accordingly. But this is only true when it is obvious that the help of a public authority is too late, " explains Lukas Zeleny.
In practice, this means that if a culprit starts to run from the scene of the crime, you must prevent him from leaving the shop in a suitable way until the police arrive at the scene. She may be guilty of calling for proof of identity if another person has a legal interest in it. "If, moreover, the offender's behavior meets the characteristics of a criminal offense or an offense, then the police and the lawsuit will be investigated and the case should be investigated. Otherwise, you can help at least get information against which individual to sue for damages, " adds Green. Later disclosure of the identity of the culprit may not be easy even if the camera system is installed in the shop.
You can also ask the head of the store or an employee for help. If there is damage to the exhibited goods, it will probably be in their interest to find out the identity of the offender. The whole event should also be documented and accurately quantified. It is not enough just to point the culprit before the court, but you must prove the existence of the damage and the circumstances of its origin. Some other customers who have seen the incident may be able to serve as evidence. If they are willing to do so, be sure to contact them. "At least seven days before the lawsuit is filed with the court, the injured person should send a summons to the culprit for payment of the sum owed. Otherwise, the court will not be entitled to claim costs, " says Lukas Zeleny.
Source: tz, dtest.cz
