Do I have a case or any options

[mommabear319]

What is the name of your state (only U.S. law)? I live in Florida. We just finished doing laundry at a place we have been going to every other week (for quite a few months). When we were there two weeks ago, a large number of the washers and dryers were out of order. This time, most were back in service. They have signs that they are not responsible for what others leave in the machines and to check first. My son checks the machines before using them. Tonight, when he removed his clothes from the dryer, they were covered in grease. I called the attendant over to show her, suggesting she put a notice on the machine so no one else uses it. First she pointed to the sign. I told her I understood that but wanted to make her aware. I also asked her to come and look at the machine because there was no indication that there was anything wrong with it, so anyone could check that dryer, see nothing wrong with it and have the same thing happen to their clothes. First she tells me they are gas dryers so the dryer could not be what caused the clothes to get grease on them. I told her that I knew that the dryers had been out of order last time and that machines use grease so it could have come from the machine. We took pictures of the inside of the dryer and we have the clothes as proof that something happened. She said the corporate is in Chicago, but I can't find anything about them on the internet. She would not give me any contact information and the phone number on the laundry cards has been disconnected. Can we take this business to small claims court? If so, what is the procedure? Some of the clothes were gifts from Christmas that he has only worn once and it is going to cost a lot to replace two weeks worth of clothes and towels and bedding. Would a lawyer handle something like this or is it not a pursuable case?

 

[OHRoadwarrior]

It appears the notification is designed to disclaim exactly what you said. If one were to put greasy/oily clothes in the dryer, the heat would allow some of it to go into the holes. Reheating it would be sufficient to allow the grease to again come back out as it heated.

 

[mommabear319]

It was very dark thick grease - something I would think would be visible both when he checked before putting in his clothes and afterwards. We all looked in the dryer and rubbed our hands around the drum. The attendant scraped some of it off the towels when we showed her some of the clothing that was ruined. Some of his white shirts were covered in patches of it.

 

[quincy]

It was very dark thick grease - something I would think would be visible both when he checked before putting in his clothes and afterwards. We all looked in the dryer and rubbed our hands around the drum. The attendant scraped some of it off the towels when we showed her some of the clothing that was ruined. Some of his white shirts were covered in patches of it.

Have you tried to clean the items again since the grease first appeared? What was the result?

What is the total cost of permanently damaged items that you can prove with receipts or supportable estimates?

Can you realistically tie the grease directly to the Laundromat or could the grease have come from another customer who washed and dried greasy items?

Most coin-operated laundries will have insurance but I am not sure you can hold the Laundromat liable for any damage, certainly not without proof.

 

[justalayman]

Quincy, why can't an argument be made the disclaimer is an unenforceable clause due to the contract involved is an adhesive contract?

It is unconscionable to excuse the laundromat of all liability regardless of how they maintain their equipment. It is inequitable to allow the laundromats defective equipment to damage customers clothes with absolute impunity.

Even if the grease came from another customers clothes the customer has no way to determine greasy clothes had been in the dryer other than a cursory inspection.

If the grease was from the dryer the laundromat should be liable.

If it came from a previous customer then laundromat would have an action available against other customer for damaging laundromat equipment.

Op's claim would be based on the implied warranty the machines will wash and dry clothes without shredding them, melting them, or providing a new and curious pattern on the clothing.

 

[mommabear319]

We haven't tried washing or treating the clothes but even the attendant didn't think there was much hope. Were not talking small spots, but large splotches throughout the garments. I have not had much luck getting grease out of clothing, especially once it has gone through the dryer. Most of the clothes were not expensive and some were older, but all were wearable before they went into that dryer and now they are not. Most were work clothes so they have to be replaced before Monday (it was two weeks worth of clothes). What bothers me is that she refused to take the dryer out of service even after seeing what happened. It makes me wonder if she was aware of the problem, but either didn't care or was told by management to keep the dryer available since they have that sign.