Legal Question in Product Liability in New York

Hello.

I used the UPS store to ship a floor buffer to an address less then 75 miles. The machine never reached its destination and was returned to me with the metal handle snapped wires ripped. UPS claims they attempted delivery but the recipient says they never did. They also claim i improperly packed a fragile item. I purchased bubble wrap from them and used my own box. I did not purchase insurance. I want to take UPS store and UPS to small claims court. Are they liable?

Thanks


Asked on 3/05/11, 7:53 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Just remember for anyone considering SCC: It can take multiple visits. Is it worth your time? You could be making more $ just staying at work. And big corporations are GREAT at getting things delayed and excuses as to why the previous decision s/b overturned. It took 4 trips to get a HUGE Bank I beat 3X in a row PLUS contacting the CEO to get the money I was awarded 3X, which just showed up 20 minutes ago after a year. Yes, there is only supposed to be one bite at the apple but that often does not happen in SCC AND the poor staffers are very overworked and you show up multiple X only to be made to come back. I wish I could say this was an exception-it is not, and it happens with all size defendants but esp big corps. And yes, these big corps have delays down to a science at every level of litigation. Just think about it.

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Answered on 9/14/11, 10:35 am


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