When can a moving company be liable for the damages that it causes?

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When can a moving company be liable for the damages that it causes?

I had some property damaged by a moving company. I did not discover the damage until I got to my destination. I never signed a contract with the moving company (I think that they forgot). The damage is over $600. The moving company took pictures of the damage that they caused and sent it to me as “evidence” that there had been prior damage. The owner does not know that the picture(s) that they have as “evidence of prior damage” were actually taken in the U-haul truck after the damage was caused (I have proof of this). Do I have any grounds to take him to small claims court?

Asked on June 23, 2015 under Business Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer is liable for the negligence of its employees which occurred during the course and scope of employment.

The moving company is liable for the negligence of its movers which occurred during the course and scope of employment.

Negligence is the failure to exercise due care (that degree of care that a reasonable moving company would have exercised under the same or similar circumstances to prevent foreseeable harm).

You can sue the moving company for negligence for the damage to your property.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs or replacement of the damaged items.

 

 


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