Legal Question in Consumer Law in California

Dry Cleaner Damage to Handbag

I dropped off a $600 Prada handbag at a local french dry cleaners and asked them to clean the fabric of the bag, not the leather trim. They said they would clean it but that I had to sign an agreement that they weren't responsible for damage due to cleaning of leather. I told her I didn't want the leather cleaned, only the fabric as it had a blue stain on the back of the bag. I signed the form and left them with the bag.

On 1/4/06 I went to pick up the bag; there was significant damage to the beige fabric. It had 10-12 brown stains on the fabric ranging in size from 1/2'' to 3''. The color from the leather 'ran'. The bag is totally unuseable. The clerk called their customer service manager in San Francisco and they said I didn't have to pay the $45 charge (yet!) and they would analyze the damage and attempt to clean it again.

I called their CS manager on 1/4/06; she was aware of the damage to the bag. She said she'd look at it but that they weren't likely responsible because I signed the 'waiver'. I reiterated that I didn't want the leather cleaned but was forced to sign the letter of agreement if I wanted the fabric of the bag cleaned.

No response. I called and left a msg today.

Are they responsible??


Asked on 1/17/06, 3:03 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Dry Cleaner Damage to Handbag

In my opinion, they are not responsible for the damage. You voluntarily signed the release knowing the risk of doing business with this organization. At that point in time, you should have picked another cleaner.

The amount of the dispute comes within the jurisdiction of the small claims court. You can always file a lawsuit and let the judge decide, because the judge' opinion means a lot more than mine.

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Answered on 1/17/06, 3:09 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Dry Cleaner Damage to Handbag

The terms on the waiver form may dictate your rights v. their liability herein. There are strong arguments supporting both of your positions unfortunately. Small claims court would be the proper forum to adjudicate your claims, and you could very well prevail based on your express instructions to the business at issue. If you would like affordable assistance in this unfortunate situation, contact us directly for a free phone consultation.

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Answered on 1/17/06, 6:40 pm


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