Roseville, CA asked in Consumer Law and Personal Injury for California

Q: You purchase a product through a company and its delivered by another company. You get hurt by carrying the big package.

I purchased am item from Amazon, it was delivered by FED-EX. The FED-Ex driver left the package on the outside if the fence on the sidewalk. The latch on our gate is never locked and can be lifted with your pinky. It was a heavy package, but I managed to carry it and get it inside our home. Since October 12th, 2024 the pain started lightly and now has worsened. My left leg is in a splint due to the doctor stating that It was a sprain and to follow up with my normal doctor. I am afraid to go see my doctor, due to our last meeting. I told him that I had pain in my gut and he had me lie on the exam table, he poked me 3 times in the stomach and stated it was just muscle. I need to get all of my pains looked at from carrying this box that FEDEX did not deliver to our porch. Every FED-EX truck has a dolly and safety is one of there key words. The box is clearly labeled that it must be carried by 2 people, which I did not see.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You have valid concerns about both the delivery placement and your resulting injury. When a package is clearly marked as requiring two-person lifting, delivery services should follow these safety instructions and ensure proper delivery to your designated location.

Your first step should be to document everything - take photos of where the package was left, save the product packaging showing the two-person lift requirement, and gather all medical records related to your injury. Consider filing formal complaints with both Amazon and FedEx about the improper delivery, as this creates a paper trail. Despite your previous experience, it's crucial to see your doctor or seek a different medical provider for proper evaluation of your injuries - any delay could impact both your health and potential legal claims.

You may have grounds for a personal injury claim, as delivery services have a duty of care to safely deliver packages and follow handling instructions. Contact a personal injury attorney who handles delivery-related injuries for a consultation - many offer free initial case evaluations and can help determine if pursuing legal action would be worthwhile in your situation. Remember to act promptly, as there are time limits for filing claims in California.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.