Can you sue UPS for delivering a Package to a wrong address? 9 Answers as of June 26, 2013UPS delivered my B/L and Export Certificate for a vehicle to a wrong address. No one lives there and it’s been empty for 2 weeks. The shipyard charges $50/day and I will have to pay this charge at pick up. I left a note and have been driving around the wrong address for the past two weeks and I can confirm that no one is living there. The documents were sent with UPS express Critical 1-day service. I noticed that the paper work was sent to the wrong address (and it was the driver's mistake not the shipper). UPS filed an incident report and has refunded the delivery charge. However, they are unwilling to pay for any extra charges. I still don't know what the extend of the charges will be since I still haven't gotten the documents. Without the documents I cannot pick up the car. Also, the documents cannot be reproduced. Oh and I am from BC Canada. Any advice would be much appreciated.
David F. Stoddard | David F. Stoddard
Yes, you can sue for your consequential damages. However, when you ship UPS, you may sign a waiver that prevents you from suing for consequential damages. Once you determine your damages, you should then decide whether it is worth getting an attorney involved, or whether you should bring the case yourself in Small Claims Court. in South Carolina, you can sue for up to $7,500.00 in small claims court.
Answer Applies to: South Carolina
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Lawsuits are based on real injury and real damages. What is your damage? you have hurt feelings and inconvenience but dollar damages? Not so much. Who is going to pay for attorney fees while your lawyer jumps thru the litigation hoops for a year or two?
Answer Applies to: North Carolina