Manager Signed for UPS and Parcel Never Materialized

[thestart]

I have a question regarding a possible small claims action. I was on vacation a few weeks ago and while I was gone, a large package i ordered containing exercise equipment worth ~$200 was delivered to my building by UPS and my manager signed for it. She claims she had them leave the package in the lobby of the building. I don't know if this is moot or not but---the lobby is locked the majority of the time but the door is left propped open on a daily basis, not to mention that its completely insecure to the building's residents--and the manager has keys to my apartment to boot. So when I returned, she could not retrieve the package and then claimed it must've been stolen while it was sitting in the (relatively insecure) lobby for the week period when I was gone. I called UPS and they said they do not insure if someone signs for it. I was told the person who signs is signing a contract taking possession and responsibility of the parcel and was basically told the same thing by the company who shipped the product. My question for you is: what are my chances of winning a small claims action and would I pursue the manager or the management company. I called the management company and was told that "our lawyer has informed us we are not responsible under these circumstances." I think it is smarter to just pursue the individual who signed for it as they didnt denote themselves as a manager in their signature and UPS can sign off to any resident within the building. But I'm looking forward to the board's response. I live in Wisconsin.

 

[DRUSS1964]

yo can sue them both but chances are the mgmt company will not have to pay
have you allready paid for the equipment if so and it was buy credit card dispute the charge say you never got the stuff
if you did not pay yet tell the company you bought it from you will not pay for stuff you did not get .Tell the company that you got it from that they need to sue the mgr
if you dispute the charges in order for the company to collect from you they have to prove you got it the only thing they can prove is the manager signed for it

 

[thestart]

i get what you're saying -- the problem being i paid w/a check card which has (i've come to find out) a different dispute policy that really doesn't help me in this situation. i also don't feel comfortable going after a company who virtually did everything correctly. damn these morals. heh. but i think its clear my manager acted negligently by failing to secure the parcel. it was a large package and everything but she apparently just let it sit in the lobby for over a week. she once signed for a package of mine on another occasion and actually held it in her apartment until i returned. im really not against other residents signing for my stuff so long as they keep it reasonably secure from everyone else in and out of my building. if a judge didn't rule in my favor, they'd be setting a precedent that if one resident signs for another's package, they can claim it was stolen every single time.

i plan on pursuing the woman (individual) herself rather than the management. she wasn't necessarily acting as a constituent of the management because all residents can sign for

the sad thing is that if her story is true, her intentions were probably generally good. the problem is that good intentions with no follow-through can produce worse results. had the roles been reversed, i would've opened my wallet almost immediately and im a college student who makes peanuts in comparison. it's outrageous to me that i had to even ask. i had to save for a coupla months just to get that damn home gym. and now i have a closet full of its "accessories" and no gym.

i've never been in court before a judge before in my life. and i don't want to pursue this unless im 80% or more confident that i will win. Here's some advice I received from a lawyer?

"You may sue both the person who signed and management company.  One or both may be liable.  The management company may be liable if the person who signed was acting in his or her capacity as an employee.  Once the person signed for the items, they took on a duty to act in a reasonable manner.  You have to show that he or she acted negligently by leaving the merchandise in an unsecured area.  You have the burden of proof."

any more advice/comments? thanks much in advance

 

[DRUSS1964]

I see what you are saying the choice you are left with is going after the person who was only trying to help
I only have one other suggestion it may be a long shot
but give it a try it may cost you some money though
talk to the manager and the company you got the stuff from tell the company what happened see if they will replace it at a discounted price maybe 33% to 50 % off tell them you have all these accessories but no gym and can not afford to buy another
see if they will help then go to the manager and ask her to split the cost of the discounted item lets hope she will do the right thing like I said long shot but if the company has any customer service skills they may give a good discount to replace it
if they want your future bussiness
if it does not work do what you must it may cost you a little but it may keep everyone happy