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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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I was just moved by a very incompetent moving company, that

Customer Question

I was just moved by a very incompetent moving company, that did not keep to dates promised, did not pack our stuff as promised, caused damage in both houses, lost a lot of our stuff, delivered other peoples stuff, left a piano in my old home that caused me to breach my contract on that house. They did not re assemble the piano either. They also packed a box of chemicals that mixed together and burned through a box, and was beginning to create a chlorine gas. We caught that in time, but we did have to call poison control. I hired them to pack us and move us, and they did not wrap a lot of things, but just threw them in boxes
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
I understand your facts and I am sorry that your items were damaged. How exactly can I help, what specifically is your question?
Customer: replied 1 year ago.
Is there any legal recourse?
Customer: replied 1 year ago.
My major concern was the chemicals that were so deadly
Customer: replied 1 year ago.
And would it be worth pursuing in court
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
There is absolutely legal recourse here. Ultimately this is a case of 'breach of contract' since they failed to adequately and properly perform their obligations. It is also a potential claim for property damage based on the items they damaged. In that situation you can sue for replacement value of the items or costs associated with repairs. As far as the other contracts that were breached due to their incompetence, that one is likely not able to be pursued unless they expressly and in writing promised to cover such liability. Now as far as the chemicals, this is also a neglect issue and likewise an issue for personal injury, so if you had doctor visits, injury, and pain and suffering, you can pursue them for those costs as well. You would need to review the contract signed to see where the 'choice of law' points as the jurisdiction for a law suit, and if no jurisdiction is granted, any state where the injuries took place (any cause of action took place) including where you reside now can be utilized. Otherwise you would need to file suit based on the contract that you signed with them.
sincerely,
Dimitry, Esq.
PS. As far as the costs, you would need to calculate those costs yourself first (based on replacement value and so forth). If the amount is low enough, you can sue yourself via small claims, but if the amount is higher, then you would need to retain counsel to assist you.

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