Legal Question in Business Law in Pennsylvania

Re: Who's responsible?

You asked about the responsibility of a dry cleaner for damage to items.

This type of situation is why it is advisable to always have a contract in business relationships. A good contract would have established means to allocate duties.

In a tort situation the retail customer would have a claim against only the person that s/he dealt with (you) for the damage to his/her goods. You in turn would have to make a claim directly against your subcontractor. In this case you would need to establish that the items were in good condition when delivered and that they were in less than good condition when returned. Also you would need to establish that the damage was more likely than not do to the negligence, or less than reasonable care of your subcontractor.

Sure, you could take the subcontractor to court. But I would not place a bet on who would win. And, if you do sue you will likely no longer be able to maintain a realtionship with that subcontractor.

I would suggest that you arrive at a settlement on these matters. Then get yourselves to a lawyer and draft an agreement that with contingencies for such situations.

Regards,

Roger