Is it possible to successfully sue FedEx for denying claim on damaged shipment?

Shipped used optical equipment back to original seller
for calibration less than two months after original
purchase. Heavy shipment marked so by FedEx that
was also fragile also marked sent in original
packaging. Arrived significantly damaged with evident
damage to boxes. Value of 7,000 assigned and
‘insurance’ purchased to cover full value, just in case.
Recipient took video as he opened it due to apparent
damage. FedEx denies claim and says they can’t be
sure it wasn’t damaged to begin with, though
equipment damage corresponds to box damage. Any
recourse? I’m sure they rip off others all the time and
even charged me extra for it!

Asked on April 12, 2016 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you believe they damaged the shipment (i.e. it was not damaged before) and had "insurance" for the value, then you could sue them if they will not pay voluntarily. To win, you'd need to present evidence (e.g. videographic evidence) which shows by a "preponderance of the evidence" (or that it is more likely than not) that the damage was caused by Fed Ex. You'd sue them both for their negligence (carelessness) in causing the damage and for breach of contract, for not honoring their obligations under the "insurance" you purchased.


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