Legal Question in Business Law in New York

Re: shipped car and had items stolen

You need to read the fine print on your bill of lading, contract of carriage, or whatever it is called by the transportation company. It probably exculpates them from liability for anything other than the item they agreed to transport (the automobile itself) but maybe not.

Getting an oral modification to a written contract uphald and enforced would be difficult.

If you shipped the car from California, I would guess that you arranged for the transportation and signed the contract in California, in which case California law would more likely apply. This could be modified by a choice of law clause within the contract.

If the contract doesn't contain a limitation of liability clause, or a clause forbidding shipment of anything in addition to the car itself, and you used a regulated carrier, you would have a very good chance of recovery in court, since traditionally common carriers are virtual insurers of goods in their custody. This principle has been watered down in recent decades because carriers are now allowed to contractually limit their liability.

Re: shipped car and had items stolen

Your question could be more complex than it would initially appear because there may be a threshold question as to which state's law governs.

I would start by reviewing any documentation you signed with the company that shipped the car. See if it has a "choice of law" clause - probably California? Also see what it says about personal contents - I would bet there is a clause disclaiming any liability for personalty and that by signing the contract or form you are acknowledging that the items are being left at your own risk. If that's the case, and there is a standard clause that the agreement can only be modified in a writing signed by both parties, then any subsequent conversation will be insufficient to give you a claim. How much were these bags worth? Can you substantiate the value? Have you made a claim to your auto insurance carrier? If the bags are expensive enough to make it worthwhile to pursue, you could attempt to discern the names of each individual who had control and custody of the vehicle and go after them individually on the theory that they were the only individuals with access to the vehicle and, if there was no sign of tampering with the locks, to sue them all in their individual capacities. Depending on the state, the burden may then shift to them to explain based on a theory known as the "conspiracy of silence", which would force them to speak or they will all be held jointly and severally liable. As I said, this latter route will be expensive so the bags should be considerably valuable before you attempt something like this. And even then, you could lose. You can, however, sue them individually, because you are alleging that they stole the bags (civilly we call it conversion), and an illegal act cannot be said to be contempated as being within the employee's scope of employment. Therefore, the individuals cannot hide behind the corporate shield.