If a moving company causes significant damage in a home during the moving process and the homeowner ends up taking them to court, where would it be filed? Would it be filed in the place where it happened or the place where the company is located and the family moved from?
My new neighbors had a nightmare experience moving in this weekend. They unloaded almost half the stuff themselves Sat. night because the moving company told them they couldn't get unloaders til Monday. The moving company finally provided laborers on Sunday, but they were not professional movers. Unsurprisingly, they caused some pretty significant damage to the home - holes in walls, banged up door frames, chipped concrete on the outside steps, etc. They are thinking they will likely have to sue the moving company to get the money for repairs.
Posted by Dagonee (Member # 5818) on :
You would need to see a lawyer for an asnwer to this question. In general, either state would provide a venue, and if the corporation is based in another state, then federal court would be available.
However, there are many things that could effect this.
1.) There are federal laws governing moving companies that may specify venue. 2.) The moving contract may specify venue and applicable laws. Your contract may mandate arbitration. The venue clause may or may not be enforceable. 3.) Your state, or the mover's state, may have laws governing moving companies. 4) Lots of other things I don't know about yet.
Have them document the damage (visually) and make sure witnesses are available. They may not have to sue the moving company - they need to know what they want from the company before approaching them. It may be worth looking into a local agency that mediates such disputes before getting a lawyer.
In other words, I can't answer your question. A lawyer will need the contract, which should provide enough info to figure out what other factors apply.
Dagonee
Posted by Kwea (Member # 2199) on :
One thing I can comment on, from experience...
When Dag says document, he means it. I took pictures of all the damage, and made sure I got two copies of each. That way I could send a copy to the moving company and still have copies for myself. The sooner they do that the better, so they can keep the recipt of the developing process (unless they are digital) for proof of the date the damage was done.
There is a chance,if it is a reputable company, that once they are contacted and pictures are sent the company will offer to pay for repairs.
Make sure you let them know you want the repairs to be done by a licenced contractor...you could even get one or two estimates to find a ballpark figure for the repairs.
If they won't pay for the repairs, then follow the advice of the lawyer you talk to, as he will be better informed about the legal requirements in your area.
If the mover is a member of the AMSA, then there is a complaint and arbitration service available at the site.
Dagonee
Posted by zgator (Member # 3833) on :
I know they are hoping that the moving company will make good on it and a lawsuit won't be necessary.
One of the problems I see is that they, and myself, moved a lot of it on Saturday night. The driver was present, but the company could claim that the homeowner caused damage himself. I can state that I saw no damage during the time I was there, but I don't know what happened between then and the time the laborers showed up. The driver insisted on moving all the heavy stuff himself I would assume to prevent something of this nature. But he was a professional and knew what he was doing. The laborers they brought in the next day weren't.
Thanks for the info guys. If it does go to a lawsuit, I think it would make a big difference where the jurisdiction is.
Posted by vwiggin (Member # 926) on :
quote:2.) The moving contract may specify venue and applicable laws. Your contract may mandate arbitration. The venue clause may or may not be enforceable.
This is most likely the case. Almost all business contracts specify "choice of law" and "choice of jurisdiction/venue" clauses. Ask your neighbor to read the contract, it should specifiy where the lawsuit/arbitration would take place.
In the unlikely event that the contract did not specifiy these things, I think your neighbor should be able to sue the moving company within his home state's state court system. Your neighbor's home state should have both personal and subject matter jurisdiction over this case.
State courts have subject matter jurisdiction over garden variety breach of contract and economic torts cases.
Personal jurisdiction is determined by the amount of contact the defendant has with the state. Most likely this moving company has had a lot of contacts with your neighbor's state via advertising and business dealings.
Before you sue, check out whether your home owner's insurance covers moving damages. Good luck!
[ October 04, 2004, 02:08 PM: Message edited by: vwiggin ]
Posted by pooka (Member # 5003) on :
I'd wouldn't bother, if they moved a lot of the stuff themselves. Except for the chipped concrete. How on earth did that happen? Moving the truck with the lift down?
Posted by Dagonee (Member # 5818) on :
vwiggin, I was surprised when my moving contract didn't, and this was in the DC area with 3 jurisdictions with very different laws.
Fortunately I didn't need to worry about, but it shocked me just the same.
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