Can I sue UPS for the balance of an item they damaged?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue UPS for the balance of an item they damaged?

I sold an item on eBay, opened a Paypal account and had $825 in the account. Shipped the item trough UPS and didn’t pay for the insurance. UPS dropped the item off the back of their truck, severely damaging it and are only offering to pay my shipping fees, ($130) and to give me $100. Pay pal took the money in the account back. Leaving me out the remaining balance. Can I sue UPS for the amount I had in my account?

Asked on April 26, 2011 under General Practice, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you did not purchase the insurance, you might be out of luck depending on if UPS's shipping policy is if the package safety is your gamble until it reaches its destination. I have a feeling it is and hence why you are given the option to purchase insurance on expensive items and really any items. If PayPal took the money back because the consumer did not purchase the insurance and you had given the purchaser the option to purchase the option of insurance, you may need to review ebay buyer and seller policy and see if the purchase by the buyer without asking for insurance relieves you of liability, which may allow you to get your money back from PayPal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption