Marble Mantle
Who’s at fault ? Shop or customer ? We pack , they drop?
Customer buys $300 marble mantle clock . We place in box and take to their car . The call to say the box fell apart , clock dropped and is ruined . Who’s as fault > All was well from store to car , we have no control on how the box is then handled .
He wants to go to small claims . I don’t think I am liable to give all ( or any ) of the money back when I had no control on how the box was handled .
I’m no expert, but as long as you can provide adequate proof to a judge that you secured the item in the box to the best of you ability and you can show that you do not have a pattern of such incidents, the judge will most likely favor your side.
Although this might not have relevance, I had a garage sell in which we sold a treadmill for $350 and placed it in the person’s car securely and tied it shut with rope. On the way home their trunk door came loose (this was proven to be a mechanical error with the car not how we secured it) and the treadmill fell out and of course was broken. They took us to small claims court to sue us for not returning their money as well as so called damages to the rear bumper of their car from the treadmill falling out. We counter sued for expenses related to being sued (time off work and mileage which was less than $100 bucks). We won, they lost.
In the end, the judge will almost always spot an outragous claim and favor in common sense.
Best of luck to you!
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