Retailer refusing to replace or refund purchased items which I forgot at the store

Question

I bought some DVDs at the self checkout in Walmart but accidentally left them there. When I came back someone had stolen them. Walmart said that it was my fault and that they wouldn't offer a replacement or refund. Isn't it their responsibility until I leave the store with the DVDs?

Answer 1

Details of contract law differ from country to country. But generally speaking, you entered a contract with the shop. You agreed to pay them money, they agreed to give you goods. The question becomes when and how they were obliged to give you goods and if they did actually do so.

With self-checkout, there was no store clerk involved. You took the DVDs from the shelf, took them to the checkout, and paid. The store systems processed that payment. At that point, the DVDs were your property and they were still there on the counter, right? Then you forgot your property and moved on.

Imagine you had forgotten your wallet at the checkout, not the merchandise. Would you argue that the shop had to replace it?

Answer 2

I believe in the USA you are the owner of the DVDs when you paid. In Germany the store is the owner until you left the store. That would usually make no difference (but assume an armed robber taking the DVDs means the store must replace them in Germany, bailiffs can take the DVDs if the store is bankrupt, for theft you must leave with stolen goods).

The store may be able to detect DVDs leaving the store that were not paid for, but they can’t detect the DVDs leaving the store without you after you paid, so they were not negligent in any way. Germany would be tricky. The DVDs were owned by the store, but the customer removed the theft protection, and left them where anyone could pick them up.