Legal Question in Business Law in Texas

Cleaners ruined Santa Suit used for business

We recently turned our Santa Suit into a cleaners.

Before we turned the suit into the cleaners he was asked if he had ever cleaned Santa suits before and we were told yes, many times. The label is clearly marked as DRY CLEAN ONLY and was turned in and requested as dry clean. It is obvious the cleaner did not dry clean, but instead washed the suit. In fact, when I took the suit back to complain, he said they washed it and when I said is was supposed to be dry cleaned he said, I meant dry cleaned.

We have several bookings this season and one on the day after we received the suit back from the cleaners.

When we got the suit back the fur which was long and luxurious is now wadded like cotton and also pink. And the suit has been shrunk.

We are scheduled to appear in two separate events this weekend and the cleaners is not offering any restitution.

We have checked with costume rental and sales stores in the area and to replace the costume would be $376 and rental would be $92 for each event. The costume originally cost over $300 last year and had previously been dry cleaned by another cleaner but a greater distance from our home (this cleaner is new to our area).

What can we do and are we entitled to restitution?


Asked on 12/13/02, 11:55 am

2 Answers from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Cleaners ruined Santa Suit used for business

Get another Santa suit and don't disappoint those kids. After Christmas, go to your local Justice of the Peace court and file a small claims lawsuit against the dry cleaner to recover the cost of a new Santa Clause suit and/or the cost of the Santa Clause rental for this season.

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Answered on 12/13/02, 12:33 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Cleaners ruined Santa Suit used for business

You have a cause of action, under the Texas Deceptive Trade Practice/Consumer Protection Act (DTPA) against the cleaner for the replacement of the suit and whatever costs you may incur for rental while the suit is being replaced.

The first thing you have to do is make written demand upon the cleaner for the cost of replacement and rentals (plus whatever fees they charged, if paid). That has to go by certified mail, return receipt requested, and they have 60 days within which to respond.

If they fail to properly respond within the 60-day period, you can then bring suit under the DTPA for triple damages. That can be done in Small Claims court; you do not need a lawyer for that. However, if it does get to that point, you may want to meet with a lawyer for the proper setting up of the complaint. Take pictures of the costume, and keep it safe in case it's needed at trial.

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Answered on 12/13/02, 12:47 pm


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