Legal Question in Business Law in California

Is the retailer responsible for delivery of damaged goods?

I purchased an armoire and a nightstand while in California to be shipped to my office in Albuquerque, New Mexico while waiting for my new house to be built. The furniture store charged me for the items plus tax and shipping. I had nothing to do with the arrangement for shipping. The retailer was supposed to call me when the shipment was picked up so I could arrange to be in the office for the delivery. The furniture store never called about delivery. The shipper showed up at my office while I was not there and had the temp. receptionist sign for it. He then placed it in a storage room. Three days later, I found the furniture and after opening the box, discovered that both pieces had been seriously damaged (unrepairable). The furniture company refuses to accept responsibility and says that I need to deal with the shipper who has been sitting on this "claim" for two weeks. I paid for the furniture shipped. Who is responsible? Who do I go to for recourse? The furniture cost me $1800.


Asked on 10/18/99, 11:04 pm

2 Answers from Attorneys
Robert E. Drescher Law Offices of Robert E. Drescher

Re: Is the retailer responsible for delivery of damaged goods?

If the store contracted with the shipper to ship the goods, then the shipper is 100% responsible for any damage to the goods. If the shipper works for the store, then the store is 100% responsible. If you paid by credit card you may be able to cancel the charge and figth it that way, otherwise, you will either have to deal with the shipper or file a suit against the shipper and the store.

Good Luck!

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Answered on 10/21/99, 10:17 am
John Hayes The John Hayes Law Offices

Re: Is the retailer responsible for delivery of damaged goods?

If the shipper was paid by the company as a sub-contracter to move the items than the shipper is at fault. The shipper's insurance company is responsible for the damages caused to the furniture, if they are even insured. If you need a letter with an attorney's letterhead to get these guy's moving, pun intended, than I would be happy to help. I have handled situations like this were all it took was a letter or two to get the case settled. I can be reached toll free at 888-563-8529. I look forward to speaking with you and hopefully resolving this matter.

John Hayes,Esq.

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Answered on 10/21/99, 8:13 pm


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