CanI sue a jewelry store for loosing a ring that was brought in to be sized?
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CanI sue a jewelry store for loosing a ring that was brought in to be sized?
They offered me a ring to replace it. I feel it can’t be replaced; they have nothing comparable I’ve had the ring 21 years; it was my wedding ring. I don’t want a store credit. What can I do?
Asked on September 26, 2010 under General Practice, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You could sue the store for negligence for losing your wedding ring. Negligence is based on the failure to exercise due care to prevent foreseeable harm. Due care in this case would be that degree of care that a reasonable jewelry store would have exercised to prevent the loss of your ring. You will need to prove that the jewelry store breached the duty of due care owed to you by losing the ring and that the breach of the duty of care caused the loss of your ring. In order to prove causation, you will need to establish that the jewelry store's negligence was the actual and proximate cause of the loss of your ring. Actual cause means but for the jewelry store's negligence would the ring have been lost? If the answer is no, the jewelry store is the actual cause of the loss of your ring. Proximate cause means were there any unforseeable intervening events that contributed to the loss of your ring? If the answer is no, the jewelry store is also the proximate cause of the loss of your ring. Your damages (the amount you are seeking to recover) would be the value of the wedding ring. In determining the monetary value of the ring, you would have to consider depreciation during the 21 years you have been the owner.
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