Dry Cleaner Liability

[dequeendistress]

I just can't help but wonder if there were additional damages due to cigar burns.

 

[JETX]

I was just surprised to see that Monica's drycleaner was still in business.

She is still in business, but it's spotty!!
Hanging on by her teeth!!
She really 'kneeds' the business.
I understand she is now in the 'hand'bag business. Guess she can grasp that one.

and finally:
I understand she gave out cigars at her 'opening' (ewww!!)

 

[dequeendistress]

Jetx~ you are just jerking my chain, aren't you?

 

[Souix]

This response may be just a little to obvious or simple, but did the drycleaner for the OP's wife have anything in writing on their tickets or receipts that say anything about what the drycleaner is responsible for if there happens to be any damages to any garment? Usually there is some sort of disclaimer isn't there?

 

[mmbridges]

This response may be just a little to obvious or simple, but did the drycleaner for the OP's wife have anything in writing on their tickets or receipts that say anything about what the drycleaner is responsible for if there happens to be any damages to any garment? Usually there is some sort of disclaimer isn't there?

Thanks for your comments. I need to check this. During the initial discussions with the cleaners I asked if he thought that there was a problem with the dress such that if they applied their normal cleaning procedures, the dress would be damaged why didn't he warn my wife and ask she sign a waiver? He said they normally do that for leather but had not had problems with wedding dresses before. He then countered with "why did she not ask?"

I told him when my wife agreed to pay $110 for the cleaning, she expected that some additional care and examination procedures would be taken above what would be performed on a regular dress. My wife is not the expert and it would seem reasonable that the cleaner would be the one to examine the dress and warn her of any potential problem. Of course if there is a disclaimer on the ticket that might constitute my wife's fair warning but I have to check to see if one is even present. Regardless I would expect that if they require a waiver for leather, they should require one for a wedding gown. If not they open themselves up to be liable.

 

[BelizeBreeze]

Regardless I would expect that if they require a waiver for leather, they should require one for a wedding gown. If not they open themselves up to be liable.

Simply wrong. Period.

 

[mmbridges]

Regardless I would expect that if they require a waiver for leather, they should require one for a wedding gown. If not they open themselves up to be liable.

Simply wrong. Period.

Your right, I know they don't HAVE to offer waiver at all. Also I should have said by not not offering a waiver they are simply engageing in a poor business practice and "exposing themselves to litigation". I know had we been offered that waiver and signed it we would not be asking for anything now.

I was merely trying to express our feelings of being blindsided. At best it is not a good business practice to charge such a high price to clean a wedding dress and not include in that price a professional opinion warning that the dress might come out looking worse than it came in so much so as to render it unwearable. If that is a possibility the consumer should be given an opportunity to make an informed decision as to whether to proceed.

I recognize that feelings of being blindsided are not justifications for suing the cleaner. But all of my previous questions were based on the recoverability of compensatory damages assuming the cleaner could be proven to have not excercised reasonable care.

No one here has, in my opinion, been able to offer a satisfactory explanation as to why "special damages" would not be recoverable.

Meursault told me my reasoning was a stretch but didn't elaborate why and just simply stated his distaste for the thread.

JETX tried to explain using a funny but flawed analogy and when I pointed out why I thought his analogy was not accurate in describing my case and asked further questions he told me to hire a lawyer to get explanations.

 

[dequeendistress]

Maybe you should learn the difference between reasonable and outrageous claims.

 

[mmbridges]

Maybe you should learn the differnce between reasonable and outrageous claims.

So lets start small. If my wife had found a place that would have rented her a wedding dress would claiming the rental cost as special damages be outrageous? How would you characterize claiming the car rental costs in my auto accident analogy?

 

[dequeendistress]

Ok, was the auto accident due to anothers negligence, then if they had car insurance was it not their car insurance which specifically states if at fault they are liable (hence the insurance company) is liable for damages due to an at fault accident for costs incurred by the other non fault driver? Or was it your insurance had you paid for rental costs in case your vehicle was disabled?

Dry cleaning liability


Look at your dry cleaned clothes as soon as they are returned to you and point out any problems right away. Some may be curable. If the clothing comes back damaged from the cleaners, the store is often blamed as the last to handle the garment. But the responsibility may lie with the manufacturer or retailer- or with you- the consumer.


Care information should be permanently attached to all clothing. If instructions are not displayed and the garment is damaged as a result, the responsibility is with the manufacturer or you for tearing the tag off. In the first case, your best recourse is to go to the retailer who sold you the clothing. Good retail practice requires that stores exchange a defective item or refund the price.



If the information was available but you did not follow it, the fault is of course on your own shoulders. However, if your dry cleaner fails to follow care instructions or did not exercise reasonable care, then the cleaner is at fault. You are entitled to recover the value of the garment's remaining life expectancy, according to the International Fair Claims Guide for Consumer Textile Products. It is up to you to negotiate an adjustment with the cleaner.


Keep in mind that some stains simply cannot be removed by any known method, and while no one is to blame, there is no remedy. This is also true of the damaging effects of age on all fabrics.

and

For damaged goods, the industry standard is to offer the item's depreciated value as listed in the Fair Claims Guide, published by the International Fabricare Institute (IFI), the Silver Spring, Md., association representing 6,000 owners of dry cleaning businesses.

Just in case you missed it

 

[mmbridges]

Ok, was the auto accident due to anothers negligence, then if they had car insurance was it not their car insurance which specifically states if at fault they are liable (hence the insurance company) is liable for damages due to an at fault accident for costs incurred by the other non fault driver? Or was it your insurance had you paid for rental costs in case your vehicle was disabled?

In my analogy the other driver was completely at fault. I didn't state the whether or not the other driver was insured so to make it easy lets say we are both uninsured. (this removes the insurance parties)

Is it outrageous to claim car rental costs as special damages and try to recover them from him?

Dry cleaning liability

Look at your dry cleaned clothes as soon...

[snip]

However, if your dry cleaner fails to follow care instructions or did not exercise reasonable care, then the cleaner is at fault. You are entitled to recover the value of the garment's remaining life expectancy, according to the International Fair Claims Guide for Consumer Textile Products. It is up to you to negotiate an adjustment with the cleaner.

Just in case you missed it

I do remember reading this but can't remember what site it was on. Do you recall? If it is from a dry cleaning industry supported site they may not want to specifically mention the ability to claim special damages. Since it doesn't say that I am NOT entitled to special damages, do you know of any statute or regulation that specifically negates me from claiming special damages when the dry cleaner is at fault?

 

[JETX]

Jesus H. CHRIST!!! Why are you still here?? Obviously, you aren't going to trust or rely on the responses on this forum and insist on making a very simple case into a huge issue.

Go down to your local courthouse and file a small claims suit against the OWNER of the dry cleaners. Then, take all your evidence to the court when your hearing is scheduled, present your case and see what the court says. Clearly, that is the ONLY way you will be satisfied.

 

[mmbridges]

Jesus H. CHRIST!!! Why are you still here?? Obviously, you aren't going to trust or rely on the responses on this forum and insist on making a very simple case into a huge issue.

I am still here because I am an optimist and am hoping there might be someone on this site who is patient enough and skilled enough to help understand why it is outrageous to ask for and why I will not recover special damages if the cleaner is indeed at fault.

You have already indicated that you are not interested in providing this assistance and I have accepted that. So why are you so bothered by my presence? Why do you keep reading this thread?

Go down to your local courthouse and file a small claims suit against the OWNER of the dry cleaners. Then, take all your evidence to the court when your hearing is scheduled, present your case and see what the court says. Clearly, that is the ONLY way you will be satisfied.

Actually, I am waiting for the results of the garment analysis. In the meantime what I was looking for from this site was guidance and advice that would help me decide what to demand if the analysis does indeed come out showing the cleaner is at fault. The quality and convincing nature of the advice I receive here and the test results will help me determine whether or not I proceed.

What I have received so far was advice that indicated that I can not recover anything else beyond the fair market value of the damaged dress (i.e. no special damages). What I have not received is a satisfactory explanation as to why this is so. I am the type of person who likes to understand the reasoning behind the advice given. So I will leave this site when I stop receiving assistance and attempts to help me understand and people stop posting and reading.

Again, why do you keep reading and posting to this thread?

 

[BelizeBreeze]

What I have not received is a satisfactory explanation as to why this is so.

Because the law says you can't.

bye bye

 

[mmbridges]

Because the law says you can't.

bye bye

Before you go, are you and others suggesting that there is a Federal or MD statute or regulation that limits persons seeking to recover damages when the dry cleaner is a fault to fair market value of the damaged item ONLY and specifically excludes the recovery of special damages?

If so would you provide a citation?