Can I sue for lost property?

[colin caster]

What is the name of your state (only U.S. law)?

 

[justalayman]

sure, why not.

Of course the presentation of any actual facts may or may not alter my opinion.

 

[colin caster]

Sorry, I must have failed to complete the message properly.

Scenario:
I sent personal videotapes to a business out of state that specializes in digitizing videocassettes. The business completed the work, and shipped the original videos and new DVDs to me, but apparently the package became damaged in transit and I received only an empty box. The business apparently failed to back up the digitized product, and so a decade of personal videos (wedding, baby videos, etc.) appear to be lost forever.

Questions:
1) Can I sue for this lost property?
2) How does the law permit me to value what are essentially irreplaceable items?
3) Where do I pursue any legal claims? In my home state or in the state where the business is located?
4) What kind of attorney would be best able to advise me?

Thanks for any suggestions.

 

[latigo]

Sorry, I must have failed to complete the message properly.

Scenario:
I sent personal videotapes to a business out of state that specializes in digitizing videocassettes. The business completed the work, and shipped the original videos and new DVDs to me, but apparently the package became damaged in transit and I received only an empty box. The business apparently failed to back up the digitized product, and so a decade of personal videos (wedding, baby videos, etc.) appear to be lost forever.

Questions:
1) Can I sue for this lost property?
2) How does the law permit me to value what are essentially irreplaceable items?
3) Where do I pursue any legal claims? In my home state or in the state where the business is located?
4) What kind of attorney would be best able to advise me?

Thanks for any suggestions.

You you are faulting the business for failing to keep a "back up" and yet you didn't?

 

[sandyclaus]

Sorry, I must have failed to complete the message properly.

Scenario:
I sent personal videotapes to a business out of state that specializes in digitizing videocassettes. The business completed the work, and shipped the original videos and new DVDs to me, but apparently the package became damaged in transit and I received only an empty box. The business apparently failed to back up the digitized product, and so a decade of personal videos (wedding, baby videos, etc.) appear to be lost forever.

Questions:
1) Can I sue for this lost property?
2) How does the law permit me to value what are essentially irreplaceable items?
3) Where do I pursue any legal claims? In my home state or in the state where the business is located?
4) What kind of attorney would be best able to advise me?

Thanks for any suggestions.

Who EXACTLY would you like to sue?

The business did exactly what they were paid to do. They transferred the videos and shipped them back. Any recourse you *MIGHT* have would be with the shipper, but the shipper's liability will be very limited. Unless you requested insurance - AND PAID EXTRA FOR IT they might be required replace the video tapes themselves, but consequential damages won't be included. They also are not responsible or liable for replacing the "sentimental" value of these irreplaceable items (which is one reason why such things should ALWAYS be traceable and INSURED.

 

[Proserpina]

Most folk these days no longer have the equipment needed to back up or copy old VHS tapes and/or 8MM films.

That's why we send 'em out to be digitized.

 

[colin caster]

Most folk these days no longer have the equipment needed to back up or copy old VHS tapes and/or 8MM films.

That's why we send 'em out to be digitized.

This is correct. Digitizing was our effort to back up our videos. Had we the equipment to back up our own videos, the service would not have been necessary.

In my view, the company (1) failed to deliver the goods promised, and (2) lost our property. sandyclaus seems to be arguing that the company's responsibility for our property ended once they went to the post office. That doesn't seem very convincing to me on its face. Is there statute or case law to support this argument?

 

[sandyclaus]

This is correct. Digitizing was our effort to back up our videos. Had we the equipment to back up our own videos, the service would not have been necessary.

In my view, the company (1) failed to deliver the goods promised, and (2) lost our property. sandyclaus seems to be arguing that the company's responsibility for our property ended once they went to the post office. That doesn't seem very convincing to me on its face. Is there statute or case law to support this argument?

• It wasn't the company's responsibility to physically deliver the property. That responsibility was transferred to the shipper, as was their liability, when the property transferred hands.
• The COMPANY did not lose the property, the SHIPPER did, and only as a result of the package being damaged during transit.

As previously stated, even if you are going to hold someone liable, how can the company or the shipper replace something they don't have the ability to replace? The company wasn't required to keep backups of your videos, and the shipper only had the digitized copies which were lost. In both cases, the best either one could do is replace the videotapes since the source isn't in their possession.

Did you happen to retain the damaged packaging that made it to you? Have you tried to contact the shipping company and inquire about their limits of liability?

 

[OHRoadwarrior]

It appears your loss is the cost of the media only. Sentimental value cannot be proven.

 

[Mass_Shyster]

Check your contract, specifically for a limitation of liability clause. I suspect you will find out that you agreed to some preset limit for the value of the tapes.

If there is not one in place, then the company is foolish to operate without one, and deserves to lose whatever your attorney can extract from them.

The film processing labs used to (probably still do) limit their liability to the value of the unexposed film. That is what you agree to when doing business with them, and is the risk you take when shipping stuff.

If they don't have that limitation, you have a strong case to recover far more than the value of the blank tapes.

 

[Mass_Shyster]

See http://scholar.google.com/scholar_case?case=2372269829759391951 edwin v Bartell for a similar case where damages were assessed as $7500

 

[latigo]

See http://scholar.google.com/scholar_case?case=2372269829759391951 edwin v Bartell for a similar case where damages were assessed as $7500

Kudos and garlands, Steve.*Mieske fits like a glove.

Not that it would necessarily be apposite here, but the same philosophy is reflected in California’s Civil Code: (Emphasis supplied)

Section 3281 Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.
* * * *
Section 3355 Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.

[SUP] * I always knew you'd amount to something[/SUP]

 

[justalayman]

This is correct. Digitizing was our effort to back up our videos. Had we the equipment to back up our own videos, the service would not have been necessary.

In my view, the company (1) failed to deliver the goods promised, and (2) lost our property. sandyclaus seems to be arguing that the company's responsibility for our property ended once they went to the post office. That doesn't seem very convincing to me on its face. Is there statute or case law to support this argument?

How did the company fail to deliver promised goods and how did the company lose your property. While it's nice to see that in the case stevef cited there was a value placed on the contents of the film rather than merely the value of the film itself but in that case, the entity responsible for the actual loss was the defendant. In your situation, unless you can show the company was somehow negligent in packaging the materials, they did everything they were contracted to do. It was the shipping company that is culpable for the loss.

so, in light of your question, understand that to impose liability, you must first prove there was negligence. To do that, you must first determine their duty, identify a breach of that duty, and that the breach caused the damages. I cannot see how you can meet those requirements. They shipped the products via USPS. Is there some reason this was not proper? If not, they did not breach their duty to process the product and ship it back to you. As such, there was no causation ergo, no negligence therefor, no liability for the damages.

I believe your action is with the USPS but unless there was insurance purchased, I suspect they have a very low limitation on their liability.

Now, where that might play back to the processor is if there was a duty imposed upon the processor to insure the materials. I don't see one though.


I don't know about you but I have enough VCRs laying around that I can make duplicates of a VHS. That is how I would have made an archival copy of the tapes being transferred to digital video before sending them out for processing.

 

[latigo]

Who EXACTLY would you like to sue?

The business did exactly what they were paid to do. They transferred the videos and shipped them back. Any recourse you *MIGHT* have would be with the shipper, but the shipper's liability will be very limited. Unless you requested insurance - AND PAID EXTRA FOR IT they might be required replace the video tapes themselves, but consequential damages won't be included. They also are not responsible or liable for replacing the "sentimental" value of these irreplaceable items (which is one reason why such things should ALWAYS be traceable and INSURED.

I must respectfully disagree that the “business did exactly what they were paid to do”.

It was paid to digitize the videocassettes on to DVDs and DELIVER the product and RETURN the original videocassettes to the customer. And it cannot shirk its responsibility by passing it on to the shipping carrier with whom the OP has no privity of contract.

What liability the business has incurred is a matter of applicable law. But to state categorically - as you have here - that the peculiar value the OP has attached to the lost tapes cannot be considered as an item of damages bespeaks of one’s ignorance of the subject.

Any recourse you MIGHT have would be with the shipper

Do you know of an established principal of law or federal regulations that recognize the OP as having a claim against the shipping carrier, again, with whom he has no privity of contract. If so, please pass it along.

They also are not responsible or liable for replacing the "sentimental" value of these irreplaceable items

Do you still cling to the belief that the OP has no legal cause to seek damages for the intrinsic value of the lost goods having since read Mieske vs. Bartel Drug Co. from the link in Stevef’s second post? Or have you read the Washington case?

. . . . why such things should ALWAYS be traceable and INSURED.

If so, then you might also explain how one goes about obtaining insurance against the loss of something as subjective as “sentimental value”.

Also, assuring that goods in transit will “always be traceable”, which incidentally is not germane to the issue.

 

[BigMouthWino]

I do not see where the OP states that the tapes were shipped back to them via USPS. This is an assumption made in several follow up replies that appears to be completely without basis. The carrier engaged to ship the goods is very relevant to this matter. Additionally, insurance procured to protect a shipment generally has to be claimed by the SHIPPER not the RECIPIENT.

OP I would say based on what the informed Senior Members latigo and Stevef have posted above your best cause of action is against the company you hired to digitize the tapes. If they choose to make a claim with the shipping company, assist them with it, but unless there was a contract stating the items were FOB the place of shipment they're liable.