Q: California state .Dry cleaners .lost my garment. Are they liable for cost of purchase or the current cost of replacement
I purchased my garment many years ago but it was in very good condition. Not worn much. Taken good care of. Cost of current purchase to replace garment being a lot more than the cost of purchase over 10 yrs ago. Should the dry cleaners only cover the cost of the garment being around the amount at time of purchase ….or should they cover the cost of a replacement, a new one. Which is decidedly more now being years later. The same garment is introduced each year with slight differences. The company that manufactures the garment no longer has the price of the garment when I purchased its many years ago.
A: I'm sorry your dry cleaner ruined your garment. Legally, you are entitled to the current market value - which is what the Salvation Army or Goodwill would sell it for. The same exact formula would be used if a 10-year-old car got wrecked in a car accident, you can't recover the price of a new car when your wrecked car is 10 years old.
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A: Under California law, a dry cleaner's liability for lost or damaged items is typically governed by the doctrine of "bailment." This means the dry cleaner owes a duty to exercise reasonable care over the items in their possession. In assessing damages for a lost garment, courts usually consider the garment's current market value, not its original purchase price, taking into account factors like age, condition, and depreciation.
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