Filing more than one claim

[Mark Johnson]

Our company lost Internet access twice because of mistakes made by our ISP. The first incident was the result of an unauthorized change to our domain name and resulted in 8 days without access. The second incident occurred 3 weeks later when the ISP mistakenly terminated our account resulting in 6 days without access.

My question is… Since the two incidents occurred for two very different reasons and at different times Can I file a claim for incident #1 then, assuming I prevail, turn right around and file another claim for incident #2?

The reason I ask is that each incident resulted in >5k in lost sales and I would like to recover as much as possible but Oregon small claim awards are limited to 5k.

 

[racer72]

Because your losses are presumed losses, not actual losses, you cannot sue in small claims court. You will have to sue in a superior court which has no monetary limit. But it will cost you a whole lot more.

 

[Mark Johnson]

Actual damages

Can employee time spent researching and fixing the problem created by the ISP be considered an actual damage? Also, 4 salaried employees who tele-commute were effectively idled while the Internet access was down. Is there time an actual damage?

 

[JETX]

One thing that is very important in your situation.... read the "Terms of Service" for the ISP. I am sure that they have a clause limiting their liablity for consequential damages (and very possibly for ALL damages).