Legal Question in Product Liability in Ohio
fed ex claim
We sent a package through fed ex. Claimed the dollar amount at $4000 (a Plasma screen TV)- paid extra for the increased value of the contents. It was sent fedex express saver marked ''Other'' under the packaging section where there was not an * stating declared value at $500 limit.
Fed Ex damaged the package beyond repair...we filed the claim...supplied them with all the supporting paperwork they asked for in regards to the value. They sent us a check for $500 stating that is the max limit they will pay us due to the ''terms and conditions'' they list in their Service Guide because it was a TV.
Do we have any legal recourse to collect the full value of the TV they damaged? I stated it was a TV when I shipped it and nothing was said about it being an exclusion.
1 Answer from Attorneys
Re: fed ex claim
Certainly you can sue to recover your losses. UNder these cicumstances, the court may find in your favor based on the facts and that the exclusion was probably burried somewhere in a contract you signed. Although Fed Ex will produced the contract as evidence that you were aware of the terms, if it is not in BIG bold lettering, and you were not advised of it, you may have a chance.
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