Who is responsible for an item if it is broken during shipment and the shipping company has denied the claim?

UPDATED: Dec 16, 2011

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: Dec 16, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is responsible for an item if it is broken during shipment and the shipping company has denied the claim?

I bought a sofa on-line and it was shipped to me across the country. It was broken during shipment. The business that I purchased it from agreed to put in a claim with the shipping company and after 9 months, the shipping company denied the claim because the business took too long to respond to questions by the shipping company. I feel that the business should pay for this item to be fixed, but they said that they are not responsible for it once it leaves their store. They hired the shipping company, not me. I had no say in how it was shipped.

Asked on December 16, 2011 under Business Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Either the shiping company or the company that shipped the sofa would be responsible for payment of the sofa to be fixed, not you since you timely advised the shipper of the product that it was received by you in damaged condition.

I would call the shipper of the sofa advising its representative that the damage issue needs to get resolved sooner rather than later and follow up with that call with a written letter memorializing the conversation. Keep a copy of the letter for future use.

From what you have written, it seems that the shipping company mishandled the sofa in transport and it ultimately should be responsible for its repair. 

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 AttorneyPages.com 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