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K

komojo

Guest
I posted a message earlier, but can't read the response...
Walgreens lost the film from my vacation and is practically telling me "Tough luck". This film is from Arizona, a once in a lifetime trip. Is there any legal action I can take?
[email protected]
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by komojo:
I posted a message earlier, but can't read the response...
Walgreens lost the film from my vacation and is practically telling me "Tough luck". This film is from Arizona, a once in a lifetime trip. Is there any legal action I can take?
[email protected]
<HR></BLOCKQUOTE>

My response:

You need to carefully read the claim check stub, and if necessary go to the store to read one of the film envelopes you put your film into. If Walgreens is like most, there is probably an agreement / contract on the stub or envelope with, words to the effect, that in the event of loss, damage, or theft, their only responsibility is "liquidated damages", and not "consequential damages" - - that is, they will only refund or pay you for the price of your rolls of unexposed film. When you use their film services, you impliedly agree to that contract. In other words, you have agreed that they have no way of knowing what was on your film, and they're not going to pay you to go back to Hawaii to "re-create" your images, or be responsible for any other damages flowing from the loss.

Sorry.

IAAL


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