Legal Question in Personal Injury in Massachusetts

I booked a mover to transport my house hold stuff and furniture from New Jersey to Massachusetts. It got burnt on the way in Massachusetts with all of my stuff. I didn't have anything inflammable in my stuff. what are my options? does his insurance cover my dmages? is there any liability on my part? Police is investigating the matter, but I didn't get incident number from the mover. mover checked my stuff before load.

Asked on 6/28/11, 10:24 am

3 Answers from Attorneys

Maurice lariviere jr Law Office of Maurice LaRiviere Jr

yes the company should be covering the loss if it was their fault.

I would assume they have coverage for such incidents.

Was sum negligence on your part a reason for the damage if so they could seek recovery of the costs from you.

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Answered on 6/28/11, 10:49 am

J. Whitfield Larrabee J. Whitfield Larrabee

Your case likely is governed by the law of bailment. Under Massachusetts law, "once the bailor proves delivery of the property to the bailee in good condition and the failure to redeliver upon timely demand, the burden of proof is irrevocably fixed upon the bailee to prove by a fair preponderance of the evidence that he has exercised due care to prevent the property's loss or destruction. Our holding extends to all bailment for hire cases, whether brought in tort or contract, in which the bailee has exclusive control over the property at the time it was destroyed or damaged. Excluded from this category would be cases where the bailee has contractually obligated himself irrespective of due care."

I would look into weather the truck driver was a smoker.

You will need to proceed against the company legally. I would need to know more about the case to find out whether the correct venue is in Massachusetts or New Jersey and whether the applicable law is Massachusetts law or New Jersey law.

If the truck caught fire in Massachusetts, you almost certainly can file suit here.

The case may also be governed by the consumer protection laws which may provide for punitive damages in some instances and for the payment of your attorney's fee.

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Answered on 6/28/11, 10:50 am
Gregory Casale Gregory Casale Attorney At Law

The mover should have insurance and you should be able to submit a claim to them. If you had a substantial amount of valued belongings lost you may want to employ a lawyer to assist you in the recovery process. Insurance companies are not measured on the service they provide to the people that they insure. They answer to their stockholders and are measured by the amount of profit they make, which is essentially the difference between what they take in from premiums and what they pay out in claims. Therefore, their incentive is to pay as little as possible on as few claims as possible. A lawyer on the other hand, takes this type of case on a contingent fee. This means that he or she gets a percentage of the amount they win for you. This means that they have the same goal as you which is to maximize the pay out. If you want to discuss your matter in more detail feel free to call me at (508) 752-7500 or toll free at (877) 752-7501. There is no fee for a telephone consultation and no legal fee at all unless we are sucessful in getting you an award.

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Answered on 6/28/11, 11:26 am

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