NSW Australian Consumer Law - Should Customer Pay for Damaged Goods?

[MsSparklyJess]

A small produce store is owner operated. A member of the public enters the store and picks up $10 worth of berries. The person drops them on the ground, squashing a lot of berries in the process and then returns them to the shelf. The store owner requests that the person to pay for the damaged goods, however, the customer refuses and leaves the store.

In hindsight, what are the store owner's Australian Consumer Law rights? Does anyone have legislation or a precedent I can use to back this up?

 

[Victoria S]

I don't think Australian Consumer Law applies here. It's really a matter of trespass to property or property damage, for which a person is ordinarily liable. Obviously, if you can't convince them to pay for it, $10 really isn't worth pursuing through any legal avenues, but perhaps putting a sign up that indicates - "you damage it you buy it" may prompt people to be more careful and/or pay for what they damage.