Accidentally picked up wrong package, now accused of stealing? Need advise ASAP pls

[ecmst12]

Dropping it off at the police station does nothing to get it back to the owner, and would NOT releive him of liability should something happen to the package, and in fact it's likely the police will laugh at him and tell him to take the package elsewhere, this is a civil matter and not their responsibility.

Your friend can go to the post office and ship the package to the warehouse, insured and certified, 2 day shipping would probably be sufficent, overnight not necessary. But again, would still be the problem of getting the CORRECT package.

Your friend was negligent and now must pay the consequences, either going back there in person or paying for the shipping to fix the problem. He could try Tranq's suggestion, probably a 50-50 chance of winning.

 

[butacka]

I think the warehouse is liable to the true owner of the package for violation of bailment. I think the OP(friend) has the duty to take reasonable steps to take the package back to the warehouse. Right now, because he has taken the wrong package, he has committed the tort of trespass to chattel. At some point, it becomes the tort of conversion. Since there was no intent at the time of taking, there was no crime. At some point, if there is no return, there will be a crime. (Probably embezzlement, but we can argue that.)

The problem is, all we have is OP(friend)'s word he did not have the intent. If the police get involved, he may have to make that argument in court. And, "at some point", is not a defined time period. The longer things go on, the more risk to OP(friend).

If the OP(friend) really wanted to get pissy but stay safe, I'd say he should go to fedex and deposit the package and then sue the warehouse in small claims for negligent misrepresentation for the cost.

Thanks. Yes, that is the point. My friend did not intend to take the wrong package, he does not want that package. He wants his own. It is HIS inconvenience as well. He called shipper right away, when he realized the mistake and the shipper said: bring it back or I report you that you stole it. Friend said: It was not only my fault, I made a mistake by not looking at the label but you did too by not making sure what leaves the warehouse. They said no, he stole it.... He has not decided yet what to do, we either will drive back on his own expense (just because he is more of an honest person) or drop it off at the police station if the shipper keeps acting the way he is. HE DOES NOT WANT TO KEEP THE PACKAGE. He did offer to ship it back, he did offer the shipper to drive it back (asked for gas money, then for splitting the gas money), he did offer to meet halfway, he did tell them that they can pick it up at his place, NOTHING is good enough for the shipper, only that my friend jumps in the car at 3 am and drive it to Long Beach by 8 am. Well, he was not able to do that.... He does not want to keep that package but can not rush it back right now. BTW my friend just told me that shipper said not to take it to the police, somebody is coming for the package later.... Not mentioning my friend's original package yet...

 

[tranquility]

Dropping it off at the police station does nothing to get it back to the owner, and would NOT releive him of liability should something happen to the package, and in fact it's likely the police will laugh at him and tell him to take the package elsewhere, this is a civil matter and not their responsibility.

Your friend can go to the post office and ship the package to the warehouse, insured and certified, 2 day shipping would probably be sufficent, overnight not necessary. But again, would still be the problem of getting the CORRECT package.

Your friend was negligent and now must pay the consequences, either going back there in person or paying for the shipping to fix the problem. He could try Tranq's suggestion, probably a 50-50 chance of winning.

Let's review:

I was lead into the warehouse by the owner of the shipping company and he pointed out 4 packages that those are mine. They were on top of each other, the top one had my name.

1903. Negligent Misrepresentation

[Name of plaintiff] claims [he/she/it] was harmed because [name of defendant] negligently misrepresented an important fact. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] represented to [name of plaintiff] that an important fact was true;

2. That [name of defendant]'s representation was not true;

3. That [name of defendant] had no reasonable grounds for believing the representation was true when [he/she] made it;

4. That [name of defendant] intended that [name of plaintiff] rely on this representation;

5. That [name of plaintiff] reasonably relied on [name of defendant]'s representation;

6. That [name of plaintiff] was harmed; and 7. That [name of plaintiff]'s reliance on [name of defendant]'s representation was a substantial factor in causing [his/her/ its] harm.

As to the OP(friend) negligence, what was the duty and who was it owed to? What are the damages from the purported breach?

Instead, look to trespass to chattel:

2101. Trespass to Chattels - Essential Factual Elements

[Name of plaintiff] claims that [name of defendant] wrongfully trespassed on [his/her/its] personal property. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of plaintiff] [owned/possessed/had a right to possess] a [insert item of personal property];

2. That [name of defendant] intentionally [insert one or more of the following:]

[interfered with [name of plaintiff]'s use or possession of the [insert item of personal property];]

[or]

[damaged the [insert item of personal property];]

3. That [name of plaintiff] did not consent;

4. That [name of plaintiff] was harmed; and

5. That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm.

 

[Zigner]

OP - did you actually get everything you expected? Did you expect 4 boxes?

I see where Tranq is going, but it's also reasonable to for the person picking up the boxes to check each label. Were the boxes exactly the same, or was one obviously different from the others?

 

[butacka]

Dropping it off at the police station does nothing to get it back to the owner, and would NOT releive him of liability should something happen to the package, and in fact it's likely the police will laugh at him and tell him to take the package elsewhere, this is a civil matter and not their responsibility.

Your friend can go to the post office and ship the package to the warehouse, insured and certified, 2 day shipping would probably be sufficent, overnight not necessary. But again, would still be the problem of getting the CORRECT package.

Your friend was negligent and now must pay the consequences, either going back there in person or paying for the shipping to fix the problem. He could try Tranq's suggestion, probably a 50-50 chance of winning.

If the shipper is reporting my friend for stealing, then it is a criminal offense, and not civil matter. HE WANTED TO SHIP, they said HE WAS NOT ALLOWED TO... MY friend made a mistake, but the shipper WAS PAID to take responsibility for the package... I don't understand. Nobody thinks that if somebody gets paid to deliver a package that person should be responsible for not letting anybody (mistakenly) take it????

 

[tranquility]

If the shipper is reporting my friend for stealing, then it is a criminal offense, and not civil matter. HE WANTED TO SHIP, they said HE WAS NOT ALLOWED TO... MY friend made a mistake, but the shipper WAS PAID to take responsibility for the package... I don't understand. Nobody thinks that if somebody gets paid to deliver a package that person should be responsible for not letting anybody (mistakenly) take it????

Yes, as I said, the warehouse violated the terms of the bailment with the owner of the package. What does that have to do with you?

 

[butacka]

OP - did you actually get everything you expected? Did you expect 4 boxes?

I see where Tranq is going, but it's also reasonable to for the person picking up the boxes to check each label. Were the boxes exactly the same, or was one obviously different from the others?

They all were different, and it was not my friend, who shipped them, so he did not know what to expect. So he picked up the 4 that were separated together from everything else. He feels bad as he is usually good at being precise and checking everything but he didn't (probably was tired from driving 6 hrs). He does not say he was not making a mistake, but he did not steal the package.
I was wondering if a FedEx guy stops by my hose and says go get your package, I do (and accidentally pick up the wrong one), later contact fedex, I am sure that the fedex guy will get fired for letting me in the truck and not checking what package I take...

 

[ecmst12]

If the warehouse attempts to report your friend for stealing, they will end up with the same response from the police, there was no theft, this is a civil matter, we are not getting involved.

How exactly are they "not allowing" him to ship? They can't stop him from going to the post office or fedex and shipping it. Their threats are empty. They may PREFER that he not ship, but they can't really dictate either way.

I think the person picking up the package had a duty to look at the label before putting the package in his car and driving it several hundred miles away. The warehouse also had a duty to check the label before releasing the package to the person. So they both screwed up. It would be different if the right name was on the label but the contents were wrong.

Honestly, I've never picked up a package from a shipping place where I wasn't asked to show ID and they double checked and scanned everything. But that is neither here nor there.

It just doesn't seem to me that if OP's friend gets the package back to the warehouse somehow within a reasonable amount of time, that either party should be successful in suing the other for anything. And my understanding is that small claims court tends to operate as much on common sense (and the judge's mood that day) as on strict reading of the law. And I doubt that OP's friend would have the ability to make any kind of coherent argument in court about negligent misrepresentation.

 

[butacka]

Yes, as I said, the warehouse violated the terms of the bailment with the owner of the package. What does that have to do with you?

They say my friend stole it and will be reported to police and not compensated for any inconvenience...

 

[ecmst12]

They are wrong, he did not steal, the police will not do anything, but I don't think he is owed any compensation.

 

[butacka]

If the warehouse attempts to report your friend for stealing, they will end up with the same response from the police, there was no theft, this is a civil matter, we are not getting involved.

The package has an expensive musical instrument so it should not be shipped, so my friend won't as he doesn not want to cause any damage to it.

How exactly are they "not allowing" him to ship? They can't stop him from going to the post office or fedex and shipping it. Their threats are empty. They may PREFER that he not ship, but they can't really dictate either way.

I think the person picking up the package had a duty to look at the label before putting the package in his car and driving it several hundred miles away. The warehouse also had a duty to check the label before releasing the package to the person. So they both screwed up. It would be different if the right name was on the label but the contents were wrong.

Honestly, I've never picked up a package from a shipping place where I wasn't asked to show ID and they double checked and scanned everything. But that is neither here nor there.

It just doesn't seem to me that if OP's friend gets the package back to the warehouse somehow within a reasonable amount of time, that either party should be successful in suing the other for anything. And my understanding is that small claims court tends to operate as much on common sense (and the judge's mood that day) as on strict reading of the law. And I doubt that OP's friend would have the ability to make any kind of coherent argument in court about negligent misrepresentation.

Got it, thanks, and this makes sense.
My friend is just getting to the point when you know... he called them, said we both made a mistake lets straighten this out and got told he stole it. Not good customer service... The guy at the shipping company is being a PITB. BTW when my friend wrote him that he is taking tha package to the police station, the shipper said there is no need, somebody will come and pick it up from my friend... and bring his original package... so this is kinda admitting, just not using the words. Had he said "yeah, we messed it up too", my friend would have driven it back to them today. The only person that my friend feels for is the owner of the package... he still has not heard from him. He wants to give it to the right owner... he is REALLY innocent in this whole mess up.
Thank you for your input, I appreciate it.

 

[ecmst12]

Sounds like the shipper has shifted their concern to where it belongs - to correcting their inability to get that package to the right person, before that person raises a big stink. Glad they have pulled their heads out of their butts.

 

[TheGeekess]

Got it, thanks, and this makes sense.
My friend is just getting to the point when you know... he called them, said we both made a mistake lets straighten this out and got told he stole it. Not good customer service... The guy at the shipping company is being a PITB. BTW when my friend wrote him that he is taking tha package to the police station, the shipper said there is no need, somebody will come and pick it up from my friend... and bring his original package... so this is kinda admitting, just not using the words. Had he said "yeah, we messed it up too", my friend would have driven it back to them today. The only person that my friend feels for is the owner of the package... he still has not heard from him. He wants to give it to the right owner... he is REALLY innocent in this whole mess up.
Thank you for your input, I appreciate it.

Your friend likes to feed the Drama Llama.

 

[butacka]

Your friend likes to feed the Drama Llama.

by the way, the shipper just corrected to" Your package is still a question. I don't even know where it is. How big is it? How does it look like? Picking up that package is your responsibility. Right now I can only make sure that the package that you took and does not belong to you gets back to me."

I wonder what you would do with this person...

He got paid 360 dollars for those 4 packages and lost one, hmm...

 

[butacka]

Sounds like the shipper has shifted their concern to where it belongs - to correcting their inability to get that package to the right person, before that person raises a big stink. Glad they have pulled their heads out of their butts.

Yeah, thanks, but it looks like they lost my friend's package, the 4th one... nice job... Probably that's why those 4 were together...