Legal Question in Consumer Law in Illinois
"I sold a used refrigerator - a Sub-Zero wine cooler - valued at $4000 to a buyer in Louisiana. I shipped it from Chicago with a company called HomeDirectUSA. The item took one month to arrive at the buyer's home and was severely damaged in shipment. The buyer refused shipment. I filed against the shipper for damages and then with the Better Business Bureau. The shipper claims they are only liable for damages up to 1/14th of the cost of the item, or $60. It was their negligence that caused the damage.
1 Answer from Attorneys
When you have a shipping contract it will tell you what the shipper's limits of liability are and you should have had the option to buy more insurance. "Negligence" in this context is a breach of contract. Put another way when you have a contract it's terms control, not general negligence law.
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