Legal Question in Personal Injury in California

Moving company loses belongs

To make a long story short....I had a moving company store my furniture and household goods in storage for about a months and a half well when it was time for them to deliver... not only did the furnitures all come damaged but some of them never arrived at all. Along with them are photographs and personal family films from 1910 that are not replacable. Those pictures are photos of my wedding and ect... what is the scale range for me to sue for photographs? this is tremendous abmount if stress for us. what would you advise?


Asked on 2/27/02, 1:21 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Moving company loses belongs

first you need to read the moving contract. most likely that limits your right to sue.

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Answered on 2/27/02, 2:38 pm
Victor Hobbs Victor E. Hobbs

Re: Moving company loses belongs

I intend to only supplement Ken's answer. After your read the contract you sue under the laws governing contract bailment. You are the bailor and the moving company is the bailee. The measure of damages set forth in the applicable statute is the full value of your losses. The most famous case was lost heirloom jewelry and the woman recovered for emotional distress. When the case is finally submitted to the judge and/or jury you can argue the value to you of these precious items. Incidently they are probably still in the warehouse somewhere. The contract probably sets forth liquidated damages which limits your recovery to a certain amount based upon the weight of the shipment. However, you also could have asked for a high value shipment and paid extra for that so by not apprizing you of that option. They may have incurred some liability under a negligence theory. You might also make an appointment to see your doctor and request some medication for your depression over your loss of these precious photographs. This lends some credibility and/or validity to your claim of emotional distress. And you might also ask to check and/or inspect the mover's facility/warehouse, and track the shipment to see if the truck was partially unloaded enroute.

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Answered on 2/27/02, 4:36 pm


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