M
mmbridges
Guest
What is the name of your state? MD
Facts:
1.) My fiancee borrowed a $1400 wedding dress from a friend to wear for our wedding. The friend had only worn thre dress once after which is was cleaned, preserved, boxed and stored for 4 years.
2.) Upond receiving the dress in the mail, my fiancee took it to be altered, had a new veil made and bought new shoes and accessories to match this dress.
3.) A couple of weeks before our wedding the dress was taken to be cleaned as the train seemed a bit grey. In addition a small fingernail sized stain on a piece of lace was noticed and pointed out to the employee who recieved the dress. My finacee considered the dress wearable in that condition and simply wanted to "freshen" it up.
4.) A week later when the dress was to be picked up a new large ~12 inch diameter yellow stain was present across the front/side of the dress.
5.) The cleaner worked 1 day to try to remove it, was unsuccessful and agreed to take it a wedding gown restoration specialist
6.) The specialist took a picture of the dress, worked on it for 1/2 day then informed us she could do nothing with it as too much had already been done.
7.) A new $380 dress was bought the next day (3 days before the wedding)and additional money was spent on alterations, a new veil, shoes and accessories to match.
I spoke with the cleaner and told him I expected the current fair market value of the ruined dress PLUS all additional out of pocket expenses incurred as a result of the damage (i.e. cost of the new dress, alterations, shoes, veil, accessories and labor costs of the restoration specialist). He refused and only offered to pay for 1/2 of the new out of pocket expenses.
QUESTIONS: Is there a reasonable theory of liability that would support my request and stand a good chance in small claims court? Are there any statutes or regulations that I could site to support my claim? Is the dry cleaner wrong in thinking he is liable ONLY for the damaged dress and NOT any subsequent incurred expenses?
Facts:
1.) My fiancee borrowed a $1400 wedding dress from a friend to wear for our wedding. The friend had only worn thre dress once after which is was cleaned, preserved, boxed and stored for 4 years.
2.) Upond receiving the dress in the mail, my fiancee took it to be altered, had a new veil made and bought new shoes and accessories to match this dress.
3.) A couple of weeks before our wedding the dress was taken to be cleaned as the train seemed a bit grey. In addition a small fingernail sized stain on a piece of lace was noticed and pointed out to the employee who recieved the dress. My finacee considered the dress wearable in that condition and simply wanted to "freshen" it up.
4.) A week later when the dress was to be picked up a new large ~12 inch diameter yellow stain was present across the front/side of the dress.
5.) The cleaner worked 1 day to try to remove it, was unsuccessful and agreed to take it a wedding gown restoration specialist
6.) The specialist took a picture of the dress, worked on it for 1/2 day then informed us she could do nothing with it as too much had already been done.
7.) A new $380 dress was bought the next day (3 days before the wedding)and additional money was spent on alterations, a new veil, shoes and accessories to match.
I spoke with the cleaner and told him I expected the current fair market value of the ruined dress PLUS all additional out of pocket expenses incurred as a result of the damage (i.e. cost of the new dress, alterations, shoes, veil, accessories and labor costs of the restoration specialist). He refused and only offered to pay for 1/2 of the new out of pocket expenses.
QUESTIONS: Is there a reasonable theory of liability that would support my request and stand a good chance in small claims court? Are there any statutes or regulations that I could site to support my claim? Is the dry cleaner wrong in thinking he is liable ONLY for the damaged dress and NOT any subsequent incurred expenses?
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