Liability for telephone damage: your rights

Questioner

I went to a store on a Friday to buy a fragrance. Upon arrival, a friend and I were trying to find the best scent. While we were smelling, a loose shelf fell over, knocking all the jars down, including the tester. The aroma from the tester wafts onto my phone and my boots. After the shock, I noticed that the aroma had penetrated my phone and had stained my screen. An employee apologized on behalf of the store because the shelf was not secured like all the other shelves. After calling the head office, an employee told me it was my fault because I had to ask for help to smell the different scents. However, I disagree because I wasn't warned in advance that a piece of furniture was defective. My question is, can I hold the store liable for the phone damage?

Lawyer

Day, You could try that, because I think the excuse of asking for help is a bit much; in that case, fragrances are usually behind glass. It's probably not the really expensive ones, and besides, the shelf shouldn't have been loose. This is why you suffered damage. I do recommend sending a registered letter clearly explaining the causal link to the damage and stating that you hold the retailer liable. Suggest settling the matter for a certain amount. Allow two weeks for a response.