Full question:
We hired a reccomended mover when we moved 15 miles to a new home. During the move a number of items disappeared and a $10,000 work of art was badly damaged. We told the mover we were only going to pay $1,000.00 of the $3,500.00 bill until we sorted this all out, 2 days later we were summoned to small claims court and we responded with a counter suit. When I interviewed the owner he assured me that he was bonded and insured, and I was not offered a contract nor did I ask for one. Apparently on the back of the contract, all the 'small' print explained many things.
- Category: Contracts
- Date:
- State: South Carolina
Answer:
To prove your claim, you need to establish negligence and provide evidence. This may include:
- Testimony from an art dealer or another mover about proper packing and transportation methods for artwork.
- Evidence of a pattern of complaints against the mover, such as reports from the Better Business Bureau.
- Any correspondence related to your agreement, including emails, letters, or oral testimonies.
- Evidence of the value of the damaged property, such as before-and-after photos, appraisals, or purchase receipts.
- The damaged item and packing materials to demonstrate negligence.
Contact the clerk of courts to learn about discovery rules, which allow you to submit written questions, request documents, and compel testimony.
When someone holds property for another, a bailment is created. If the bailee (the mover) is not compensated, it is a gratuitous bailment, requiring reasonable care. There are different types of bailments:
- Bailment for hire: The bailee is paid.
- Constructive bailment: The circumstances create an obligation to protect the goods.
- Gratuitous bailment: No payment is made, but the bailee is still responsible.
A gratuitous bailee must use slight care and is only liable for gross negligence. If the bailment benefits both parties, the bailee must exercise ordinary care. If it solely benefits the bailee, they owe a duty of extraordinary care. To establish a bailment, the bailee must have physical control and intent to possess the property. Courts may find that liability is unexpected or unfair, affecting the determination of physical control or intent.
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.