Ifan overnight delivery servicedestroyed my wedding dress, are they responsible for the damage to it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Ifan overnight delivery servicedestroyed my wedding dress, are they responsible for the damage to it?

They did not mark it damaged as they are supposed to and now are trying to pay me $40 for a $184.62 package. What do I do?

Asked on November 12, 2011 under General Practice, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Legally, if a delivery service lost, damaged, or destroyed your property while it was in their possession, they would be liable for that loss; however, their liability could be limited by the terms under which it was shipped. Therefore, if in shipping it, the person shipping accepted the delivery's service's terms, which included some liability limit (e.g. to $40), that limit is enforceable.

Assuming there is not enforceable liability limit, you could sue them for  the cost of the dress. That's the good news; the bad news is (1) they are only liable for the cost of the dress--not for inconvenience, etc.; and (2) you have to sue to get your money if they won't pay voluntarily, which, as a practical matter, may not be worthwhile.


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