Legal Question in Consumer Law in Georgia

On November 21, 2011, I shipped 90 lbs of frozen food thanksgiving by UPS as a 2 day delivery. The package was delivered to their facility 45 minutes from my home at 12:35 a.m. on the 23rd but sat there until November 28, 2011 by which time it had spoiled.

On November 23rd I called UPS 3 times and was told that it was on the truck for delivery and would definitely be delivered by the end of the day. At 8 p.m. I called and was told they couldn't locate the package.

When the package was delivered not only had it been taken out of it original packaging and placed in a plastic bag inside of a too large box, it was incorrectly rearranged during repackaging. UPS is now telling me they do not cover claims for frozen food items, even though this was not told to me by the UPS store and I was not given anything to sign acknowledging that I wanted to ship in spite of this stipulation. I honestly did not know they had this policy. Their corporate office told me I should have read through their stipulations before I shipped the package, but I think it was their responsibility to make me aware of such a hidden stipulation.

It took me several weekends to prepare the food and I spent lots of money to purchase the items. Is there anything I can do to obtain justice?

thanks.


Asked on 2/26/12, 10:22 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

The answer does not magically change from the last time you asked. It is almost ALWAYS the responsibility of the person shipping goods to know the policies, and look for them if you don't know. Not only was the policy not hidden, it was shown to you how easy it was to find. Posting over and over does not change the fact that it was your fault.

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Answered on 2/26/12, 10:46 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The answer does not change simply because you post the same question over and over. As stated before you had a duty to read their policies, and as stated before I found them in less than 30 seconds via Google on their site.

As stated before, UPS has no legal liability, and by escalating this to a legal issue you eliminated the small chance that they might have done something nice for you as a customer service concession.

The answer will be the same last week, this week and next week. You did not exercise due dilligence in shipping via a method that guaranteed the shipment, and the loss and mistake is yours alone.

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Answered on 2/26/12, 10:58 am


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