Moovers Inc Moovers Breaks 42" Maganavox Plasma and Refuses to Honor Additional Insurance Contract Benicia California

Good luck then!

You'll need it.

Ashley,

I spoke with an attorney, and was informed that although the cases, which I previously cited are, can, and have been applicable to cases such as mine, where it involves household moving trucks/companies.

Your last case is a martime law case between shipping companies. Hardly applicable to a moving company. Here is the law from Carmack Amendment, 49 U.S.C. 11707 et seq

A carrier, though not an absolute insurer, is liable for damages to goods transported by it unless it can show that the damage was
caused by (a) the act of God; (b) the public enemy; (c) the act of the shipper himself; (d) public authority; (e) or the inherent vice or nature of the goods. . . . Accordingly, under federal law in an action to recover from a carrier for damage to a shipment, the shipper
establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages.

Thereupon the burden of proof is upon the carrier to show both that it was free from negligence and that the damage to the cargo was due to one of the expect causes relieving the carrier of liability.

So if you take them to court, they will try to prove that the damage was caused the "inherent vice" of the goods, and not through negligence on their part.

Thus its very important to find out why the TV is broken.

Then get a lawyer. They will stick to their guns over the "inherent vice" clause, which also has legal precedence.

Only by suing them and letting a judge sort it out will anything be done.

Have you called a repair shop to even find out what is broken on the television? That will matter. If some circuit board is fried, its probably not from moving. If there's internal damage from something being jarred then it would be.

I took pictures of the plasma while it was turned on with a digital camera, which very clearly has the date and time on it. Further, Salzman Tobacco Co. v. S.S. Mormacwind concluded in the 2nd circuit court that "when cargo damage may have resulted from a hidde defect present at time of shipment, the shipper has the burden of proving that the cargo was in good condition when delivered to the carrier, because the shipper has access to the facts concerning the cargo's then condition". HENCEFORH, I have provided clear cut evidence with pictures with the exact date and time of the picturea of said previously functioning plasma. Also please see Transatlantic Marine Claims Agency v. M/V Inspiration.

Leslie

I took pictures of the plasma while it was turned on with a digital camera, which very clearly has the date and time on it. Further, Salzman Tobacco Co. v. S.S. Mormacwind concluded in the 2nd circuit court that "when cargo damage may have resulted from a hidde defect present at time of shipment, the shipper has the burden of proving that the cargo was in good condition when delivered to the carrier, because the shipper has access to the facts concerning the cargo's then condition". HENCEFORH, I have provided clear cut evidence with pictures with the exact date and time of the picturea of said previously functioning plasma. Also please see Transatlantic Marine Claims Agency v. M/V Inspiration.

Leslie

I took pictures of the plasma while it was turned on with a digital camera, which very clearly has the date and time on it. Further, Salzman Tobacco Co. v. S.S. Mormacwind concluded in the 2nd circuit court that "when cargo damage may have resulted from a hidde defect present at time of shipment, the shipper has the burden of proving that the cargo was in good condition when delivered to the carrier, because the shipper has access to the facts concerning the cargo's then condition". HENCEFORH, I have provided clear cut evidence with pictures with the exact date and time of the picturea of said previously functioning plasma. Also please see Transatlantic Marine Claims Agency v. M/V Inspiration.

Leslie

I took pictures of the plasma while it was turned on with a digital camera, which very clearly has the date and time on it. Further, Salzman Tobacco Co. v. S.S. Mormacwind concluded in the 2nd circuit court that "when cargo damage may have resulted from a hidde defect present at time of shipment, the shipper has the burden of proving that the cargo was in good condition when delivered to the carrier, because the shipper has access to the facts concerning the cargo's then condition". HENCEFORH, I have provided clear cut evidence with pictures with the exact date and time of the picturea of said previously functioning plasma. Also please see Transatlantic Marine Claims Agency v. M/V Inspiration.

Leslie

They might have you legally on that term:

"Hidden defect (or the very nature) of a good or property which of itself is the cause of (or contributes to) its deterioration, damage, or wastage. Such characteristics or defects make the item an unacceptable risk to a carrier or insurer. If the characteristic or defect is not visible, and if the carrier or the insurer has not been warned of it, neither of them may be liable for any claim arising solely out of the inherent vice."

also from a site on moving law:

"What If Your Appliance Doesn't Work

The washer or dryer, refrigerator, freezer, TV set, hi-fi set, radio, etc. , isn't working? If there is no visible external damage, the failure may be caused by normal vibration during the move, or even by something unconnected by the move. In either case its not their responsibility. If it was damaged and noted on the delivery papers, fill out the statement of claim, but, don't call a service until you hear from the moving company. Even if the mover is not responsible, they can help you locate an appropriate repairman. If you don't know one please call the mover.

Wait For the Moving Company's OK Before Calling A Repairman. Two good reasons for this:

The movers may want to inspect the item to decide how the damage can be fixed, and movers work with many skilled, and reliable repair and service people and they may be the only ones authorized.

Few Things Get Better With Age

Most things - and people, too - go downhill a bit with age or changes in temperature or humidity. Some items fade, crack, warp, shrink, or rust; others mildew, become infested, or lose flavor. All of these are beyond the control of man. The legal term for this kind of damage is "inherent vice," which is recognized to be not the fault of the moving and storage company and they are, therefore, not held responsible. "


The problem being, is they are not liable for the unit not working due to there being no external damage. if there is no external damage, there is no proof they did anything to damage your unit. A wire may have jarred loose during transport, or something of that nature. Insurance won't cover that as there is no way to stop these acts from occurring. Unfortunately, they might have ripped you off, but its the government that decided what counts as damage when moving products.