New York, NY asked in Consumer Law, Contracts, Civil Litigation and International Law for New York

Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were trying to find my missing items but no one had told me they were missing yet. I replied back asking 'what missing items?' & the company said, 'wrong client'. I asked for a quote again & after much of me following up & being ignored, they admitted my items were lost & told me to file a claim.

I filed & they ok'd the value of my items, but I had also asked to be refunded for the monthly fees I'd paid since I got that 'wrong client' email as it's clear they were aware of the issue for a while, lied, and were charging me for a space when I didn't have items in their possession. It also seems they had no intention of informing me of the issue. They said no & are stonewalling me. How can I be fully compensated?

2 Lawyer Answers
Cesar Mejia Duenas
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  • Immigration Law Lawyer
  • Miami, FL
  • Licensed in New York

A: The answer will depend on the terms of the agreement. Moving or Storage Companies usually place a cap in the amount of their liability in case the items are lost. The agreements usually require the customer to secure insurance to cover any damages in excess of this cap.

If the value of the claim is substantial, I will recommend that you seek consultation with an attorney to determine what would be the best course of action. Whether you will need to file an action in Canada or the U.S. will also depend on the terms of the agreement.

Daniel Michael Luisi agrees with this answer

Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: Your case is governed by Canadian law and your contract there. There is no American court remedy.

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