Full question:
Who is responsible to pay for the content of a delivered goods if there is a missing item? Is it the person who signed and received the delivery? Or the person who first opened the box and check the content? Or is it the person who throw the box away without knowing that there was a package on the side of the box?
- Category: Employment
- Date:
- State: Hawaii
Answer:
Accidental losses are generally governed by tort law principles. A negligent person may be held liable for damages that restore the harmed party to their original position before the loss. To establish negligence, it must be shown that the person owed a duty of care to the harmed party, and that a failure to exercise that care caused foreseeable harm or loss.
The determination of liability depends on the specific duties owed by the individuals involved. In a business context, company policies and job descriptions often define these duties. If the duties are not clearly defined, a court will assess the situation based on the facts and circumstances, including past practices, industry customs, and any instructions provided.
In some cases, multiple parties may be found liable. If defendants are jointly and severally liable, the harmed party can recover the full amount from any one defendant, who can then seek reimbursement from the others. Alternatively, the court may assign percentages of liability to each party. If the harmed party is found to be partially negligent, this may affect their ability to recover damages from the defendants.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.