Legal Question in Consumer Law in Pennsylvania

Consumer Liability? Who is responsible for shipper damage?

I sell media cabinets (for cds etc). I shipped 3 cabs to a customer using fed ex. Two cabinets were trashed when they arrived. They are $100 each which included $30 each for shipping fed ex. I offered no insurance, and customer did not opt to add insurance to shipping. ALso, for the one that made it ok, the customer does not want that because he needs 3 cabs, not 1, so he wants full refund. I built the cabs and shipped them as ordered. Fed ex will not pay out anything as no insurance was purchased. Who is out here? me? The customer paid $300 and only got 1 usable item which he does not want. I have no return policy. thanks!


Asked on 6/07/07, 10:42 pm

2 Answers from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: Consumer Liability? Who is responsible for shipper damage?

In general the risk of loss passes from seller to the buyer. This can be contracted around by the parties. However, the buyer could say that the seller sent the goods already damaged. So if you take a hard line approach and refuse to offer any refund at all the buyer could take you to small claims court. The judge may or may not accept his story and you may or may not have to pay. Good luck.

Read more
Answered on 6/08/07, 8:23 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Consumer Liability? Who is responsible for shipper damage?

You asked about liability for goods received as damaged.

Generally the risk of loss passes to the buyer when the goods are delivered to a shipper. If you offered the buyer a choice as to shippers then that makes your claims even stronger. If the buyer actually declined insurance that should also serve the same purpose as the choice was his.

Your demonstration that you have successfully shipped X number of product with X-y claims will demonstrate that you excerise a normal care in the packaging of goods for shipping.

If you would like I can work with you to come up with some policies that will provide more protection for you in the future. Call or write if you would like to proceed.

Regards,

Roger

Read more
Answered on 6/08/07, 11:02 am


Related Questions & Answers

More Consumer Law questions and answers in Pennsylvania