Legal Question in Product Liability in Florida

Property damaged during shipment

I had a package shipped from NY to Florida using DHL.This package contained a picture that my father-in-law painted, over 30 years ago.It was painted on glass and in a very old frame.By the time the package got here the contents were destroyed.The box was crushed and had been retaped.It can never be replaced considering my father-in-law has passed away.This was the last thing to remember him that belonged to my husband.

DHL claims that they are not responsible because there was no insurance.My daughter shipped it and she said nothing about insurance was mentioned or offered when she brought the package in.

Do I have any recourse to claim damage?How do I put a price on sentimental value?

I feel DHL was neglegent in the mishandling of this item and allowed it to be damaged.


Asked on 9/25/07, 4:33 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Property damaged during shipment

without coverage through DHL I am afraid that you are out of luck. Check their tarriff

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Answered on 9/25/07, 10:23 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Property damaged during shipment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If your daughter did not properly package the item to avoid breakage and did not purchase any insurance on the item, then you probably have no recourse. Most shippers will only be responsible for the value of the shipping charges unless you pay for additional insurance. It is unfortunate, but a legitimate denial of liability. You can claim damage but will most likely not receive any payment.

Scott R. Jay, Esq.

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Answered on 9/25/07, 11:06 pm


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