Legal Question in Product Liability in Wisconsin

Produce damaged by delivery service

We bought a pair of running boards for our truck on ebay. The delivery service damaged them in transit. We have looked for months for a used set of these in good condition. Since we may not find another set in this good condition, shouldn't the delivery company be responsible for finding a replacement or getting us a new pair. Their negligence was apparent. They were insured for what we paid for them, but they have damaged the only pair at this price that we might be able to locate.


Asked on 10/05/07, 2:08 pm

1 Answer from Attorneys
J D Haas

Re: Produce damaged by delivery service

Unfortunately, I do not believe that you can force the delivery company to find you a pair of these unique running boards. You have a contract with them and they breached the contract. In their contract they probably limit their liability to insurance value or something like that. You should request a copy of the contract and see if they limit liability. Good luck.

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Answered on 10/05/07, 2:12 pm


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