Property damaged by delivery driver

foxtrotoscar_2

unholyangel wrote: »

Yes I did, you said the OP would struggle to prove liability because they have a signature on a form.

I responded that such disclaimers hold no legal validity in consumer contracts. Therefore, the signature cannot be used to reject the OP's claim or as an indication that there was no damage committed by the company.

As for proving it...its small claims. Theres no requirement to prove conclusively. And given the photos on the OP's photobucket (which are probably time/date stamped around the time of delivery due to our digital age), and the location of the purchased goods being in such close proximity to the damaged area....well I'm sure you realise where its going.

Also as someone else indicated, that disclaimer only relates to the condition of the pallet(s) and says nothing on the matter of damage to property.

ETA: Oh yeah and the paint on the stones match that of the pallet!

Is there a picture of the pallet?

unholyangel

Its in the frame on the right side of this picture which OP posted in post #2


Theres a better picture of it (available if you click on any of the images OP posted earlier - in the same album) here:


And the paint transfer is visible in OP's first picture which is this one:

foxtrotoscar_2

Well away from the damage?

foxtrotoscar_2

A clear foot away from the damage?

unholyangel

foxtrotoscar wrote: »

Well away from the damage?

If by well away you mean around 1ft (guesstimate)?

foxtrotoscar_2

There is nothing from the OP that indicates the pallet was moved after causing the damage.

foxtrotoscar_2

unholyangel wrote: »

If by well away you mean around 1ft (guesstimate)?

Yes...a foot away can't cause the alleged damage.

unholyangel

foxtrotoscar wrote: »

There is nothing from the OP that indicates the pallet was moved after causing the damage.

So what do you think probably happened for the area of stones to be damaged, to have blue transfer on it (bearing in mind its about 1ft away from a pallet of the same colour) if it wasn't damaged during delivery of said pallet?


Or do we suspect that the OP has hulked out and lifted the pallet themselves? (sorry, trying to keep it light!)

foxtrotoscar_2

I'd improve that path by getting rid...whoever originally did that should be embarrassed,

foxtrotoscar_2

unholyangel wrote: »

So what do you think probably happened for the area of stones to be damaged, to have blue transfer on it (bearing in mind its about 1ft away from a pallet of the same colour) if it You
Or do we suspect that the OP has hulked out and lifted the pallet themselves? (sorry, trying to keep it light!)

You really expect people on MSE to get that? 'Whilst you have good intentions you are losing people with your legalese words.