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Can I take UPS to court?

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donna13350

New member
I am in N.Y. State. UPS store packed my item in California, sent it to me. It is damaged. UPS denied my claim due to improper packaging. UPS store packaged it! I am caught in a loop where they claim they are separate entities, and UPS store says they can't do anything until UPS reopens my case, UPS says they have nothing to do with it, call the store it was sent from. I keep getting the run around from both sides. If I am able to take them to court...I don't even know who to sue..the store, UPS, or both?
 


quincy

Senior Member
I am in N.Y. State. UPS store packed my item in California, sent it to me. It is damaged. UPS denied my claim due to improper packaging. UPS store packaged it! I am caught in a loop where they claim they are separate entities, and UPS store says they can't do anything until UPS reopens my case, UPS says they have nothing to do with it, call the store it was sent from. I keep getting the run around from both sides. If I am able to take them to court...I don't even know who to sue..the store, UPS, or both?
Any legal action you have will be against the UPS store that did the packaging, if faulty packaging is shown to be the cause of the damage.
 

Taxing Matters

Overtaxed Member
From the UPS web site: "The UPS Store® locations are independently owned and operated by licensed franchisees of Mail Boxes Etc., Inc., an indirect subsidiary of United Parcel Service, Inc." (Bolding added.) So while the stores have the UPS name on the store front, they are independent franchise businesses, very much like most major fast food restaurants are independent franchisees of the big restaurant chains. So, as quincy rightly says, is the store that you sue, not UPS, if packaging was the problem. You'd need to find out the actual business name of the franchisee and would have to sue the store in California unless the franchisee also has stores or other business operations in your state (which is not very likely).
 

FlyingRon

Senior Member
Further, the person who has the claim against the UPS Store (or UPS if you want to claim that the packaging was sufficient) is the SHIPPER. Were you the one who dropped the item at the UPS store in California?
 

Taxing Matters

Overtaxed Member
Further, the person who has the claim against the UPS Store (or UPS if you want to claim that the packaging was sufficient) is the SHIPPER. Were you the one who dropped the item at the UPS store in California?
If the claim is a breach of contract claim then it is the person who contracted with the store for the packing that would have the claim. That person may or may not be the person who dropped off the item. But I can also see this as a negligence claim, in which case the OP would likely have a claim there as the store's negligence resulted in damage to his/her property.
 

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