It is only a small step to look at the cd before you leave the store. If you do not, and you buy something at a used game store where they are required to insert the disk back into the empty case, you are either ignorant or down right stupid.
Usually when I buy a game new from such stores, the game is still pre-packaged. If the new game was also removed from the box and you had no alternative stores to go to that sold the same new game for the same tag, you would become double the fool for not looking at the disk before leaving. I would never buy a new game if there was even the slightest hint of a scratch on the disk.
Such used game stores also tend to have a warranty. Something like a seven day customer satisfaction and fourteen to thirty day play-through guarantee. Should you find yourself with a new or used copy that does not work, you can return it for a new one. However if you rave in the store and curse out the employees, you will not receive a very satisfactory reply from them. This is all common sense.