Lol. . . oh well, trust me, if I was given this case to present I would go with the shop owner.

sorry !

You is silly google!  

On the serious note-----

I did not know that you was SERIOUS about suing the shop owner OP.  I can tell you for certainty that you will be wasting your time.  If you are suing ON THE ENTIRETY of principles.  You will not win.  So I agree with Googles that the shop owner will win.  You claim specified that the sale girl was rude and unkempt.  That is not against the law unfortunately.  I am not WELL VERSED IN NIGERIAN LAW but I am well versed in common sense.  I highly doubt any MORALLY judge will allow your case to even enter calendar docket. 

In USA, a tort similar to ASSOCIATED NEGLIGENCE is when an employee of a company have performed a wrongdoing the victim can sue the company directly without suing the employee because the employee represents the company.  In this case, the only wrongdoing is POOR CUSTOMER SERVICE and the verdict will favor the Defendant. 

Sorry.

.

lol me I'm just saying if I'm to present the case in class ni o. . . why would anyone carry dis domestic accident to court anyways 

@ Chair Cover

Re-read the poster's original post.

He took 2 steps - it didn't sound like he left the shop unless he stated that further in the thread - which at this point I can't recall.

I think this happened in the store.  That is why he is angry and rightly so.

He should have shopped in your store sounds like he could have gotten better service and accountability.

@ googles

Also - this type of action in court in the U.S. - set precedent and laws are made country and state-wide - as the poster states it isn't a money issue - it's principle.

Small cases such as these initiate HUGE CHANGES THAT AFFECT BILLIONS OF PEOPLE IN DIFFERENT CASES and protect the consumer in all shops across the country.

One person and one very small case can effect change that will change the world

googles:

lol me I'm just saying if I'm to present the case in class ni o. . . why would anyone carry dis domestic accident to court anyways

its this kind of lazy case I will like for classroom presentation jor . . .I will pull plenty stuff on it

I hear you Googles. It seems though that people want to sue for everything these days and what they have failed to realized that domestic cases aren't favorable by law unless some intentional tort has been done. If people would to sue for every domestic cases, the court system will be out of business because overtime will have wipe out the budget.

In his case, he is not going to win. There is no evidence of wrongdoing and I am sure the girl will not admit to bad customer service. If there were a video of some sort or tangible evidence outlining the store negligence then the plaintiff would have a better chance but not a solid win.

Mtschewww!!

@ shy one

This is a clear case of domestic accident until proven otherwise. . .

- He has not reported or heard from the shop owner. he only said he called the shop attendant who said madam claimed its none of her business innit ?

 that alone has catapulted the case out of court. He has no reason to sue the shop owner cos as far as the shop owner is concerned "she knows nothing or

 heard nothing about the case"

So how do you present the case in court ? against who ? a supposedly innocent shop owner who knows nothing about the accident ? or the attendant ?

pray tell, who are you taking to the court ?

.

@ Googles

Look here boo

That case scenario in the U.S. would go like this…

Poster would be the plaintiff and definitely the Shop owner would be the defendant

Poster said that he talked to sales clerk – sales clerk would be seen as the shop owner’s representative in this neck of the woods [U.S.] – any judge would assume that the sales clerk would have notified the shop owner about the situation and if the attendant didn't notify the shop owner - it would not have mattered anyway

Everything in the shop belongs to the owner including the position that the sales attendant holds – that too belongs to the owner

The judge would hold the owner liable to know about the goings on of everything in that shop

If consumer didn’t leave store – if incident occurred within moments of buying and receiving merchandise on store property – case closed and case won

Bag faulty on premises of Shop Owner
Consumer receives reimbursement

I don’t know Nigerian Law – but U.S. Law – I know enough about it to know that the consumer most definitely has a case in this situation.

@ ChairCover

ireke's exact words:

Mr. Seun Osewa - Please can you create a section for miscellaneous topics like this?
Moderator - Kindly move this to the appropriate section
Nairalanders - pls pardon me for taking advantage of the section with the highest traffic

I was in a shop (Lagos, Nigeria) to buy an item and the sales girl put the item in a nylon bag and handed it to me at the door. Before I could take 2 steps, the handle of the nylon bad gave way and I lost the bottle and its content. I asked the senior sales girl and requested for the owners’ phone number so I can discuss with her about what happened but she refused. I got the sales girl's number though. I later called her to ask if she had told the owner, she said “yes, but she said it’s none of her business”.

What should I do? It’s not about the money but the attitude. I just think we can’t continue to take Poo like this as Nigerians.

I think ole boy was still in the store and/or BARELY off the premises - only moments went by - in the U.S. - he would have a STRONG CASE

Not trying to be rude as I respect your posts and it sounds as if this were your shop - the outcome would have been much different

The bag was faulty and probably the owner got a bad batch and in the U.S. - could turn around and go after the bag company to recoup any losses the shop suffers in similar situations if they are frequent

lol listen to yourself. . . .you think the anyone is ready to be sued ? for God sakes no one likes to be sued and if you get sued you try everything in

and out of the books to look innocent

* In this case, the shop owner will claim she was not around when the incident happened and the said plaintiff did not inform/contact her

* the attendant reported the case to the shop owner but he left no forwarding address . . .so there was no way they could reach him

* How is this a case ? What exactly is the legal rule ?  

Googles, I love your perspective. Sounds like you are a lawyer.
1. I'm not going to sue for poor customer service or lack of empathy. They gave me a defective bag. period. It was their branded bag so they should have been sure the container is good enough for the merchandise. If they put my merchandise in their branded bag, then the bag should be able to take the merchandise to my car at least. They had barely handed the merchandise to me when the bag gave way. It did not take me out of their premises.

2. I'm going to write a letter to the owner of the shop stating my case. I'll take the picture of the letter in their shop. that way she won't claim she's totally unaware. I'll even assume she has not been told.

I'll think of more as I go along.

chaircover:

haaaaaa lets keep things in perspective o!,

Is N8k worth the stress and sleepless nights of going to court?

For me, of course not but it's not about the money. I'm just freaking tired of this country and the way nobody takes responsibility for anything. I'm not expecting to win, however, I really want to see how this ends.

chaircover:

haaaaaa lets keep things in perspective o!,
Back to the issue, truth be told,  the shop owner has handed over the item and the customer has left the shop and therefore the safety of the item is now the responsibility of the buyer.

Yes and No. I was still on their premises. Like I said in my original post I have not even taken more than 2 steps. OK maybe it was three.

chaircover:

haaaaaa lets keep things in perspective o!,

The mistake was that the shop girls didnt show good customer service or empathy for their customers situation. A courteous smile, an apology and a promise to tell madam what happened would have gone a long way.

The truth of the matter is that many shop assistants steal and as a result, madam cannot give them freeway to use their initiative otherwise they will be replacing real and fiticious broken bottles om a daily basis.

I don't care about the customer service form the girls. they are not the worst I've seen. and I won't even mention that in my case.

chaircover:

@poster what you may want to do is ask the girls how you can contact the shop owner and complain to her direct and she will most probably give you a refund. I certainly will.

You are right though, Customer service in Nigeria is very poor and this needs to be addressed

That's why I'm going to write a letter to the owner and wait for a response before I take any further step. meanwhile, I will be searching if there is a small claims court in Nigeria. Someone told me to go to a magistrate court. Googles will help to give me some direction at least. Even if he's going to represent the shop owner

I stand firm on everything I just said. I also am not talking about lawsuits - The poster can do what the poster wants to do. I am just stating U.S.

If the poster were in the U.S. - the law would lean heavily towards his side.

That is what would happen here.

Nigeria might be different.  I can't speak for Nigeria but here - the consumer would DEFINITELY HAVE A STRONG CASE.

We have lemon laws for cars

After you purchase items you have so many days/hours to bring the item back even if it works perfectly - you can return it without giving any reason whatsoever

If the item breaks in the store in your hands - you can still return it

If the item breaks at home - you can return it - Walmart, Walgreens, Macys, JC Penneys, Footlocker, Anne Taylor - many stores have seen my face on returns.

I wore a pair of shoes for over a year and returned them to the store and got a new pair because they stated a lifetime guarantee on the heels and one of the soles of the heels fell off in the washer.

My deceased husband was shocked - he said he never saw anybody do what I did - my response to him was that most people don't even think to do what I did - they will see that once they do - there are many, many laws, loopholes and statutes protecting their rights

@OP

I'm sorry about the whole shop thing yea. . .its not just worth any legal action.

Writing the shop owner is a good idea or better still meet him/her in person and report the attendant and the supposed phone call to the person.

I know in 9ja pple don't take warnings or threats seriously, but at least its worth a try

Shy-One:

Not trying to be rude as I respect your posts and it sounds as if this were your shop - the outcome would have been much different

I will replace the merchandise.

chaircover:

@shy-one, the accident happened out side of the shop.

Poster said that he was handed the article at the door and he walked 2 steps away.

It happened on their premises. I took their picture while they were cleaning up after the breakage.

googles:

lol listen to yourself. . . .you think the anyone is ready to be sued ? for God sakes no one likes to be sued and if you get sued you try everything in

and out of the books to look innocent

* In this case, the shop owner will claim she was not around when the incident happened and the said plaintiff did not inform/contact her

I agree with you. That is why I will drop my letter tomorrow stating my case as mentioned above and asking her to let me know what she intends to do about it. If she claims not to have seen the letter after 7-21 days, then, it is because she decided not to see it.

googles:


* the attendant reported the case to the shop owner but he left no forwarding address . . .so there was no way they could reach him

I left my phone number. I called the girl and we spoke on the phone. It was on the phone she told me what madam said.

googles:


* How is this a case ? What exactly is the legal rule ?  

I don't know, but when I have searched enough, I will know how to say it anywhere that "the package they gave me for my merchandise should be able to hold my merchandise at least for a reasonable length of time". At least that should be their duty to me. otherwise, they should not put it in any bag at all. They were not careful enough to ensure that the merchandise is safe in the container.

ireke:

I will replace the merchandise.
It happened on their premises. I took their picture while they were cleaning up after the breakage.
I agree with you. That is why I will drop my letter tomorrow stating my case as mentioned above and asking her to let me know what she intends to do about it. If she claims not to have seen the letter after 7-21 days, then, it is because she decided not to see it.

I left my phone number. I called the girl and we spoke on the phone. It was on the phone she told me what madam said.

I don't know, but when I have searched enough, I will know how to say it anywhere that "the package they gave me for my merchandise should be able to hold my merchandise at least for a reasonable length of time". At least that should be their duty to me. otherwise, they should not put it in any bag at all. [b]They were not careful enough to ensure that the merchandise is sfae in the container. [/b]

That is exactly where I would start. Most certainly. 100%

That is part of what I meant when I said "accountability"

The owner should be held accountable for everything on their premise.  Product, packaging, Staff Positions, etc.

.

.

chaircover:

Lets be realistic here. This is Nigeria and not the USA or the UK. I take things back to the shop all the time in the UK but I know where I stand when it comes to returning goods in Nigeria.

First of all before this even reaches court the poster would have spent 10 times the cost of the broken bottle.

This is Nigeria and any lawyer that takes up your case is just going to use you as a meal ticket until someone dedides that enough is enough.

Lets also not forget that this is not some big company who really care about bad publicity and even if you try to sue the shop owner, there will be more sympathetic people on her side than yours. Afterall we all know that she didnt manufacure the defective bag in her back yard & had probably paid a printer a lot of money to get those bags branded.

I know when things like this happen, in the heat of the moment and whilst we are angry we think of 1,000 things to get back at the injustice but when we calm down we are able to think more straight and work out better solutions.

In this case, court is not the solution and an apology and say some sort of partial refund is a better option. Lets face it, if the bottle had rolled off the seat in the car when you braked suddenly in Lagos traffic (this has happened to me before so I know) who would you hold responsible?

Some things are just what they are  . . .  . ACCIDENTS.

I think what is really pissing you off is the attitude of the staff and the same would piss me off too if I were in your shoes.

I completely agree with everything you just wrote

He is upset and even more so - by the lack of accountability the staff took at this occurrence in their presence as soon as the bag changed hands - from their hands to his hands - it broke

He should focus on getting his $$ back and anytime this happens any and everybody should do the same. An apology and a FULL REFUND - I own my own business as well and have to be willing to bend for clients - I just ate $40.00 last week on a $140.00 sale - so I could keep the client - and since then I have heard from that client 6 times additionally because of my willingness to "eat the cost." I have now made back that money times 6.

He should get a full refund - it's not much money - it definitely is principle - he didn't get out of the shop - it's like he just threw his money out of the car window.

chaircover:

Lets be realistic here. This is Nigeria and not the USA or the UK. I take things back to the shop all the time in the UK but I know where I stand when it comes to returning goods in Nigeria.

First of all before this even reaches court the poster would have spent 100 times the cost of the broken bottle.

This is Nigeria and any lawyer that takes up your case is just going to use you as a meal ticket until someone dedides that enough is enough.

That is why I am looking for a small claims court.

@Googles, will a magistrate court take my case?

chaircover:

Afterall we all know that she didnt manufacure the defective bag in her back yard & had probably paid a printer a lot of money to get those bags branded.

She should not have used the bags if they are defective. I shouldn't be made to pay for the printer or manufacturer's error.

chaircover:

In this case, court is not the solution and an apology and say some sort of partial refund is a better option. Lets face it, if the bottle had rolled off the seat in the car when you braked suddenly in Lagos traffic (this has happened to me before so I know) who would you hold responsible?

I am not yet in court. I am writing a letter to her to ask her for the way forward. if she offers a reasonable apologywithout much arguement, I might be inclined to drop the case. but if she has not called me since yesterday, she must have assumed that since I came from a far distance, I will not have the time to come back to pursue 8K.

If the stuff broke in my car, it is already delivered and I won't even go back. It is an accident and I am responsible for it.

In this case, it is still an accident and she's responsible for it

chaircover:

I think what is really pissing you off is the attitude of the staff and the same would piss me off too if I were in your shoes.

Funny enough, what I wanted to do initially was to just discuss with the owner and tell her that her bags were bad, but when the girl refused to give me her number, I told her that if I had to go and come back, I will demand for a full refund. Now that she has my number and the madam has not called, I am annoyed at the madam more than at the girls.

chaircover:

The next question is how were they to know that the particular bag they gave you was not able to hold your merchandise?

Is this the first time you have bought from their shop?

If not have their bags fallen apart before?

If you have bought from them before and you have used their bags without any issues, have you gone on to further use these same bags for other things apert from just taking our mechandise home (like most of us do)?

How can anyone prove that you didnt damage the bag yourself just to discredit their establishment

These are all the questions you are going to be ready to answer if you went to court.

My first time in their shop. It's not even in my area.

That is their own burden of proof. They selected the bag and packed it for me. I have not left their presence. If the stuff had stayed longer with the girl, it would have dropped too.

chaircover:

The next question is how were they to know that the particular bag they gave you was not able to hold your merchandise?

Is this the first time you have bought from their shop?

If not have their bags fallen apart before?

If you have bought from them before and you have used their bags without any issues, have you gone on to further use these same bags for other things apert from just taking our mechandise home (like most of us do)?

How can anyone prove that you didnt damage the bag yourself just to discredit their establishment

These are all the questions you are going to be ready to answer if you went to court.

That's part of being a shop owner and hiring competent staff to run the store in your absence - your staff should know if the bag is strong enough to hold what they just put in it before handing it to the customer - that is the shop owner's responsibility

I would assume that a judge - U.S. or Nigerian would credit the customer for having enough sense to "Not damage a bag while still in the presence of the salesclerk and on the grounds of the Store."

Logically speaking - If the customer wanted their money back - the judge would think that it would have been easier for the guy to just keep his money in his pocket versus to spend his Naira and then go break the bag in front of the attendant while in the store only seconds after spending.

I would not advise you to take any legal action really. . .the case is not in your favor {that is if it can be considered as a case}

Just sort it out with the shop owner first and if it doesn't yield any positive result . . ask your lawyer wat step to take he/she is in the best position to give you any

legal advice.


but IMO. . . its not worth the whole legal process but dat is just my opinion innit ?

So isn't there a court in Nigeria where I don't need big lawyers? what about all those divorce suits that we read about? don't they represent themselves?

lol I only said meet him for advice. . .I haven't said you should get a Lawyer to represent you in court.

Seek legal advice before making court moves is all I'm saying

.

lmao @the bike man's story . . . Nigeria ! choii

I was not under the illusion that this will be one smooth thing. I was at the shop again today to drop a letter for the madam. It's just my little experiment. My letter is reproduced below.

"Dear Madam,
REQUEST FOR A FULL REFUND OR REPLACEMENT OF DAMAGED MERCHANDISE.

I was in your shop on the 19th of February 2011 to purchase a bottle of xyz. A salesgirl (name) packed the item into one of your branded nylon bags and handed it to me at the door. I had barely taken two steps when both handles of the nylon bag gave way, which resulted in the breakage of the bottle. I requested the senior among the two salesgirls (name) to inform you about this incident. However, when I called back later, she told me that you have been informed and you said it's none of your business.

I believe you owe me a duty of care to ensure that the package you gave me for my merchandise is able to hold my merchandise at least to get out of your premises. I therefore demand a full refund or a replacement of the merchandise. You can reach me on phone - 12345678 - or through the address used above.

I hope to hear from you within the next 7 days.

Thank you."

One of the girls called me this evening to beg me to forget the matter since madam said the money will be deducted from her salary. I see that as nothing but blackmail.

Don't worry about what it is or isn't

sounds like you won

The girl's salary is being deducted so you can get paid

You will be hearing about your reimbursement soon - I would advise you not to shop in that store again - if the shop owner can treat her employee in this unethical manner - she doesn't deserve your business - God will deal with her accordingly. The salesgirl will be reimbursed x 10 as God doesn't do ugly.

Shy-One:

Don't worry about what it is or isn't

sounds like you won

The girl's salary is being deducted so you can get paid

You will be hearing about your reimbursement soon - I would advise you not to shop in that store again - if the shop owner can treat her employee in this unethical manner - she doesn't deserve your business - God will deal with her accordingly. The salesgirl will be reimbursed x 10 as God doesn't do ugly.

Truth is I will collect the money and hand it over to the girl. if she (madam) likes let her take it back from her when I turn my back. But I will collect that money back.