Is it possible to sue FedEx for a botched delivery?

UPDATED: Jan 14, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 14, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it possible to sue FedEx for a botched delivery?

I was shipping some expensive merchandise to a buyer. I requested signature confirmation (have proof of this) for insurance purposes on my end. Not only did FedEx not obtain a signature, they left the package at the front door without confirming the package made it to the correct person. Additionally, their online tracking software had a “glitch” in it, that showed the package was successfully delivered, but to the wrong state. They claim it got to the proper destination, but can’t prove it. The package was stolen, and a charge-back was filed to the buyer’s credit card. In order to get my insurance money, I needed signature confirmation and proof of delivery. What should I do?

Asked on January 14, 2013 under Business Law, New Jersey


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

Answered 9 years ago | Contributor

You could sue FedEx for breach of contract and negligence.  These are separate causes of action (claims) in your lawsuit.  The breach of contract cause of action would be based on not obtaining the signature guarantee and not confirming the package made it to the correct person.

Negligence is the failure to exercise due care (that degree of care that a reasonable delivery service would have exercised under the same or similar circumstances to prevent foreseeable harm).  You will need to prove duty (of due care) mentioned here, breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for FedEx would the package have been stolen?  If the answer is no, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve FedEx of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of monetary compensation you are seeking in your lawsuit.

Your damages would be for the loss of the package.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption