Dry Cleaner Liability

[mmbridges]

I can only answer that question if one of the vehicles involved in the accident were owned by the dry cleaning company.

Thats pretty funny!

But seriously, the only reason I ask is that I got the impression that you felt my attempt to recover special damages was outrageous. If I decide to go to small claims court I want to be reasonable in what I ask for. If so many people here think the request is unreasonable there is a good chance the judge will also and I might need to rethink my request. So honestly I was merely trying to resolve the difference between my thinking and that of the folks on this forum. It is quite possible that I could be blinded by the horrible experience we had by this dress fiasco but I have been working very hard to be as rational as possible. If indeed I am blinded I would apreciate a logical and seriously presented eye opener.

(A) If the folks here think I won't be able recover special damages in the event the judge finds the cleaner at fault because they believe such types of damages are legally excluded from even being considered, that is one thing and I would like to know why.

(B) If on the other hand folks here think I won't be able to recover special damages in the event the judge finds the cleaners at fault because they think ANY request for "special damages" is outrageous or unreasonable and futhermore they think the judge will not award them to me because the judge would think likewise, that is a completely different thing, but I still would like to know in this case why is it so unreasonable.

If it is (B) maybe I might get some advice here as to what would be more reasonable to ask for.

Even if we disregard for the moment the "why", I am still unclear as to whether the responders feel (A) or (B).

Here is my guess:

JETX: (A) and (B)
Meursault: (A)
DequeenDistress: (B)
BelizeBreeze: (A)

How about a poll?

The choices are (A), (B) or none of the above.

 

[dequeendistress]

You do know any answer would only amount to a guess or at best an educated guess. You know we are not Pablov and have no control of the dog or the bell.

My hypothesis is that the judge, if it can be proven the dry cleaner was at fault and it is proven the dress was new and care and content tags were present that the judge would order for you to be reimbursed the cost of the dress. If the dress was not new the prorated amount of the dress would be awarded. I do not believe that any other costs would be allowed.

I do not think you can relate your fabric damage to vehicle damage due to an accident. The reason being that when there is an accident an officer will define one party as being at fault. That is if there was no malfunction of the vehicle, and even in such there will be a driver defined as being at fault. Fabric, the condtion of the fabric or the quality of the design does not fit into the equation: as well as if the article had the proper care instructions, content of fiber, and any previous damage or if the article of clothing was hung in a storefront window and may have had damage prior to your purchase or if the article may have been hanging around for a period of time, etc.

The best I can offer and believe me I know that Jetx, Belize (by any other name is still hexe) and many others are much better versed than I, may differ in opinion, but mine is that you take all your proof to the judge, ask for all which you FEEL is due to you. What is the worst that can happen? Maybe you will not receive all that you ask, but if it is proven the Dry cleaner is at fault, you will receive at least SOME compensation.

I would also suggest, don't argue with the being in the robe.

Note: If the marriage fails this issue is not going to regurgitate is it?