Legal Question in Business Law in New York

Partial refund for received damaged item

Mrs.A. purchased an item over the internet, she paid for the item ,shipping and insurance. Item was a glass plate.

Insurance that she purchased for the Glass Plate did not fully cover the cost of the Plate. Insured amount was $50.00 she paid $55.00 for the plate..shipping was $12.15, USPS insurance was $1.30.

Upon receiving the plate, she claimed that the plate was broken during the mailing (shipping). She took the Plate with the insurance form, submitted the claim.

USPS paid the claim to her in the amount of $60.35..She is requesting that I pay her the difference of $8.45.

Am I legally responsible to pay her the $8.45, when she previously knew that she had the option to purchase the full price of USPS insurance at only 90 cents more for a total of $2.30, to cover the $55.00 Plate?


Asked on 3/08/04, 10:31 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Partial refund for received damaged item

Unless you shipped the item negligently (Didn't wrap it properly, put the contents in an ill-fitting box) you are not liable for the damage once you placed the item in the hands of the shipper. The only way you could be held legally responsible is if you prepared the item so that it added to the risk of damage.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 3/09/04, 8:03 am


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