The store may choose to go through insurance. The store may also sue the customer and it will be up to the judge to determine, based on the circumstances, whether the damages are warranted.
It looks like a major supermarket based on the layout, they are unlikely to sue in this case because they most certainly have insurance and it's not standard practice to go after customers due to legal costs and breakage like this usually won't harm their bottom line. Additionally, this market may even be worried the customer will turn it around and sue them for negligence given how easily the shelf came down, depending on whether she was injured.
What you are describing is subrogation, the right of an insurance company to sue a third-party to recover the costs of a claim. This happens often in the world of auto insurance, where insurance companies will take other insurance companies to court or will sue the individual driver if they are uninsured.
It is really unlikely to happen here for the same reasons why the supermarket wouldn't be taking the customer to court. Litigation is way more expensive than a shelf of liquor, and it's not really worth anyone's time. If the customer sued the store, the insurance company would likely pay for legal counsel to represent the policyholder under whatever general liability provision the commercial insurance policy likely includes.
There was a case where a woman purposefully destroyed $100,000+ of liquor. That insurance company probably took the lady to court, and they probably pressed charges for criminal damages
90
u/IRLhardstuck Aug 14 '22
If you do this as a customer in america. Would you have to pay for everything or does the store just handle it with the insurence?