Recourse when distributor loses inventory?
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Recourse when distributor loses inventory?
Hell, Can you tell me what legal recourse a small publisher might have in the state of Kansas regarding a book inventory lost by a book distributor? The face value of the lost inventory is 15K. The publisher has explored all options and worked with the distributor for a year with no satisfactory response.
Asked on December 5, 2016 under Business Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The publisher can sue the distributor for having negligently, or unreasonably carelessly, lost $15k of inventory entrusted to it: if the distributor was at fault (e.g. it was not in fact stolen by a 3rd party not under the distributor's control, with the theft not due to a lack of reasonable security), but rather was because of the carelessness, etc. of the distributor, the distributor is liable for the loss. A lawsuit is the only way to recover money in a case like this, if the distributor will not voluntarily repay.
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