Asked in Consumer Law for New York

Q: I brought a watch in for repair, they sent it back but the watch was missing, I only received an empty pouch. Can I sue?

The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.

The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the watch in the box and it was UPS's fault. I asked to see the video proof that they put the watch in the case but they refused. The store filed a claim that the watch was DAMAGED (not missing) by UPS. UPS picked up the box to see it and denied the claim. The insured amount was $16,000.

The store says that it was not their fault. I never signed anything taking responsibility for shipping.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: For $16,000 you can definitely sue, so long as you have the paperwork showing you gave them the watch.

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
Answered
  • Consumer Law Lawyer
  • New York, NY
  • Licensed in New York

A: If you want to recover your money, apparently damages equal to $16,000, you may file a complaint or go to small claims court. However, keep in mind that you will need to prove the existence of the contract, the terms of the contract and that you performed under the contract. If you don't have anything in writing, you will have to prove that it was the repairman's duty to deliver the watch at your place or residence; if not, they could argue that delivery of the watch was at their store, and by mailing, it assumed the risk of less. THIS IS ALL HYPOS. NOT LEGAL ADVICE. THERE IS NOT ENOUGH INFORMATION TO BE SURE ABOUT THE OUTCOME OF THE SITUATION, but it gives an idea of what to expect.

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