Can I sue Fed Ex for causing a package to be almost 20 days late

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Can I sue Fed Ex for causing a package to be almost 20 days late

I sent a package to be shipped in one day to a
location to and from the same state. It has
taken almost 20 days to get there and it still
hasn’t arrived…and me constantly calling fed
ex.

My rent was included in that package. I’m not
sure what’s going to happen now to my lease
now. I documented everything.
I’m 400 miles away from home for a while. I
couldn’t trust the usps in my home town to
deliver the package the month before, because
they stuck a certified package in my POB
instead of giving it to the apartment manager.
That was a nightmare also. If I loose my
apartment of 5 years, fed ex needs to pay for
that…right?

Asked on June 19, 2019 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, Fed Ex would not have to pay for the loss of your apartment for two reasons. First, the terms you agree to when you ship with Fed Ex limits their liability to a return of the shipping cost. In shipping with them, you contractually agree that is all they are responsible for. Second, someone is only liable for the reasonably foreseeable consequences of their action or failure. It is not commonly the case, and therefore not reasonably foreseeable, that a lost or delayed package would cost someone their apartment, and so they would not be liable for that.


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