Legal Question in Civil Litigation in Pennsylvania
Who is Responsible?
We purchased a roll top desk from a small shop. To save on shipping, the shop owner said that he often has products shipped to an airport shipper near the customers home. He said we just get the product and bring it home. I asked how to load a 275lb. desk. He said we would not have to touch the desk until we got it home. He said the shippers would load for us. My husband rented a pickup type truck. The desk was shipped in 3 pieces, all boxed, wrapped and strapped to a pallet. The shippers loaded the pallet on the truck. Hubby got part way home, and heard a thud. He found that the long top section had broken the straps and blew off the back of the truck. He got it back in the truck. When he opened the box, the desk was broken. We called the shipping company, and they said they just put it on the truck. We don't feel like it is our responsibility because we were told that all we had to do was to bring the truck and they would load it. We know nothing about the right way to load a desk on a truck. We contacted the furniture shop, and he says he will try to work it out. He suggested our insurance. Our deductible is more than the desk cost. Who is responsible?
2 Answers from Attorneys
Re: Who is Responsible?
If you can prove that that the shipping company negligently loaded the desk, you can sue them. Small claims court (known as District Justice Court)jurisdiction is up to $8,000. If your claim is for that amount or less, you can represent yourself.
Re: Who is Responsible?
This is a intersting question. I would look at the terms of the contract. Was the seller responsible for shipping it to the airport or did he have an obligation to get into your home.
I agree you may be bale to sue the people who packed on your truck but that depends on any agreements they may have.
Review all of your documentation before you go to the magisterate with your case.
Brandon Barnett, Esq.
412-916-1677
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