If a company damages your property while it is in for repair, are they liable?

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If a company damages your property while it is in for repair, are they liable?

The company damaged my monitor when Isent it in for repair they scratched it up very bad and left a very bad scuffmark.

Asked on July 21, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone damages your property through negligence, or unreasonable carelessness, they may in fact be liable, or legally responsible to pay, for the damage (i.e. cost to repair or replace). When a repair shop or a business takes custody of property to repair it, they are undertaking a duty to use reasonable care, so their failure to do so could result in their liability. Unfortuantely, if they refuse to pay voluntarily, the only way to get money would be to sue them, which may not be economically worthwhile. Also note that you'd need to be able to prove that they did the damage--for example, that it wasn't done by federal express or UPS or etc. when shipping the monitor back to you.  Good luck.


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