Personal property demage

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Personal property demage

Hi,
I was in Walmart and ordered my VHS family tape to transfer to DVD. Later they
lost my tape and thus failed to acomplish my order. The tape is extremly valuable
and i’ve been trying to have them find it – spoke with every member of managemen
and walmart corporate and no one gets back to me with the answer. Is’s been
already over 5 months, what can i do?
Please any advice would be highly appriciated.
Thank you for your time.
Sharif Rakhimov.

Asked on March 25, 2016 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is very little you can do. When a data medium is lost (like videotape, but also including, say, a computer thumbdrive disc), the law limits your compenation to the economic value (the cost) of that medium and the program(s) or data on it--but there is no compensation for emotional, sentimental, etc. value. So for a family videotape, you could only recover the cost of the tape and get back any money you'd paid to the store for the failed transfer; that is not likely worth the cost and time of legal action, even in small claims court.


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