Can I sue a moving company for destroying my propert during an interstate move?

UPDATED: May 29, 2012

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Can I sue a moving company for destroying my propert during an interstate move?

If so, what type of attorney should I consult, and from which state? By way of backgrounf, I hired a moving company to pack, ship and deliver my household goods put of stae. When it was delivered, most of my furniture and belongings were damaged. The company referred me to their insurance company, which offered $78 as compensation, which does not cover anything. A broken vase costs $50. Some of the furniture are antiques. My insurance might cover some damage, but it’s the principle behind their awful work. I believe they should be held accountable.

Asked on May 29, 2012 under General Practice, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue the moving company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable moving company would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your damages (the amount of compensation you are seeking in your lawsuit) would be the value of the items that were damaged or destroyed or the cost of their replacement.

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  The attorney you retain to represent you should be  a member of the State Bar in the state in which you are filing the lawsuit; although it is  possible to have an attorney from another state represent you.  You would hire an attorney who handles civil litigation. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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