Q: Moving company delivered home furnishings in damaged condition, far exceeding normal expectations of damage. Can I sue?
Mostly evident of neglect in transit. Original agreement states a maximum of 60 cents a pound maximum claim for damages. Estimated damages could be in excess of $10,000. Can the agreement document be over come?
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A:
In cases where your home furnishings are delivered in a damaged condition, understanding your legal options is important. The original agreement you mentioned, capping damage claims at 60 cents per pound, is a common clause in moving company contracts. However, if the damage is significant and appears due to neglect, you may have grounds to challenge this clause.
First, document all the damages thoroughly. Take pictures and prepare an itemized list of the damaged goods, noting their condition before and after the move. This evidence is crucial for any claim.
Your next step should be to review the terms of the agreement. Look for any clauses that might limit the company's liability and any conditions under which these limitations can be contested. Understanding these terms is key to evaluating your legal position.
Given the potential extent of your damages, it may be wise to consult with a lawyer. They can assess whether the limitation of liability clause in your contract can be challenged based on the specifics of your case.
Remember, each case is unique, and legal outcomes can vary. A lawyer can guide you on the feasibility of legal action and help in negotiating a settlement or pursuing a lawsuit. Acting promptly and keeping detailed records of all communications and damages will be essential.
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