Fedex damaged my package and won't pay

What is the name of your state? Georgia

I purchased an electronic good on eBay from a retailer in California, who shipped the item via Fedex.

The package was damaged. The box had been stepped on (though not initially noticeable when I accepted the package, box had returned to original shape), and the contents inside broken.

Fedex picked back up the package, and has now determined that they are not at fault because the shipper did not include any stuffing inside the box to protect the contents. While I could agree with this normally, the box has a big shoe print on it, so what amount of cotton stuffing would hold up a 200 lb person stepping on a box really?

So, Fedex is sending me back to the shipper for a refund, and the shipper of course doesn't want to pay.

I'm thinking my next steps are small claims court. The shipper is in California, Fedex is HQ in Tennessee, and I'm in Georgia.

What type of suit do I file and where? And how much can I reasonably sue for? The item purchased was $200, but I'm ready to sue for much much more, because I'm so frustrated with all the time I've spent trying to resolve this...is that unrealistic?

Thanks

It's not Fedex you'd sue - you'd sue the seller.
How did you pay?

I paid using PayPal, and I'm no longer eligible for a dispute because so much time has passed to settle the matter in good faith.

So how much should I sue this company for? I will have time away from work to file the claims plus court costs. Should I include any punitive damages?

Also, where do I file the claim? They are in California and I'm in Georgia.

You would NOT sue FedEx. Your only recourse is against the seller for improperly packaging the item.

Okay thanks

okay thanks, any help on the other questions would be great....

Thanks

If you paid using a credit card, you do a chargeback.

Hey I cant, more than 60 days has lapsed

super90210 said:

Hey I cant, more than 60 days has lapsed

Click to expand...

Since you paid for it, or since it appeared on your statement?

Both, we're almost at 120 days now.

Was insurance provided on the item?

yes, by fedex, who claims they are not at fault

What was fedex's response when you stated you had a picture of the box with a shoe print on it , or didn't you take a pic ?

No, I have pictures, many actually. They claim the item has to be packaged well, and in this case, it had none.