Is it possible to successfully sue FedEx for denying claim on damaged shipment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it possible to successfully sue FedEx for denying claim on damaged shipment?
Shipped used optical equipment back to original seller
for calibration less than two months after original
purchase. Heavy shipment marked so by FedEx that
was also fragile also marked sent in original
packaging. Arrived significantly damaged with evident
damage to boxes. Value of 7,000 assigned and
‘insurance’ purchased to cover full value, just in case.
Recipient took video as he opened it due to apparent
damage. FedEx denies claim and says they can’t be
sure it wasn’t damaged to begin with, though
equipment damage corresponds to box damage. Any
recourse? I’m sure they rip off others all the time and
even charged me extra for it!
Asked on April 12, 2016 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you believe they damaged the shipment (i.e. it was not damaged before) and had "insurance" for the value, then you could sue them if they will not pay voluntarily. To win, you'd need to present evidence (e.g. videographic evidence) which shows by a "preponderance of the evidence" (or that it is more likely than not) that the damage was caused by Fed Ex. You'd sue them both for their negligence (carelessness) in causing the damage and for breach of contract, for not honoring their obligations under the "insurance" you purchased.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.