Damage by courier

Valli

malchish wrote: »

And if courier steals your dog, etc. - it is not the retailer's fault.

Courier was contracted (by the store) to deliver the goods - that was what he was paid to do. Because he caused damage to the OPs property while carrying out his contracted duties then the store can be held liable. The store will be at liberty to subsequently claim for their losses from the courier.

If, while on the property, the courier acts illegally of his own volition then of course it's not the dept. store's responsibility.

Not a helpful comparison!

molerat

Granny sends you a birthday card. Postie accidently smashes your flower pot whilst walking up the garden path. Sue granny ?

somethingcorporate

I think you could probably go after either party but given your contract is the retailer I would definitely push them harder.

societys_child

Valli wrote: »

If, while on the property, the courier acts illegally of his own volition then of course it's not the dept. store's responsibility.

Not a helpful comparison!

You could also say that if the courier acts illegally of his own volition (by illegally allowing oil to leak from his vehicle) then of course it's not the dept. store's responsibility.

Same thing, I'd have thought?

somethingcorporate

societys_child wrote: »

You could also say that if the courier acts illegally of his own volition (by illegally allowing oil to leak from his vehicle) then of course it's not the dept. store's responsibility.

Same thing, I'd have thought?

Is it illegal to let oil leak from your van?

Which law is it against?

This is a civil matter and stealing someone's dog is a criminal matter.

Valli

The principle in law which holds the dept store (who contracted the courier to carry out the delivery) responsible for the damage is vicarious liability. It is up to the dept. store to ensure that their contractors carry out the job properly and without accidentally causing damage. If damage occurs, as in this case, the dept. store could be held to be vicariously liable.

mattyprice4004

molerat wrote: »

Granny sends you a birthday card. Postie accidently smashes your flower pot whilst walking up the garden path. Sue granny ?

You have no contract with the post man for delivering the card, so if you wanted recompense she'd have to seek it, as she gave them the item to deliver.

So effectively, yes.

lucy03

Valli wrote: »

The principle in law which holds the dept store (who contracted the courier to carry out the delivery) responsible for the damage is vicarious liability. It is up to the dept. store to ensure that their contractors carry out the job properly and without accidentally causing damage.

There is a difference between a contractor and an employee with regards to vicarious liability that would be crucial here IMO. I'd pursue the delivery company personally on the grounds that they were negligent.

lucy03

mattyprice4004 wrote: »

You have no contract with the post man for delivering the card, so if you wanted recompense she'd have to seek it, as she gave them the item to deliver.

So effectively, yes.

You don't need a contract. If I came and smashed your flower pot (or whatever the example was) you can take civil action against me even though you have no contract with me at all.

ThumbRemote

lucy03 wrote: »

You don't need a contract. If I came and smashed your flower pot (or whatever the example was) you can take civil action against me even though you have no contract with me at all.

Indeed. Even without a contract they have a duty of care.