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

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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 9 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.


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