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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118273
Experience:  Attorney experienced in commercial litigation.
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I shipped a hard drive to India using Fedex with video

Customer Question

I shipped a hard drive to India using Fedex with video footage and it arrived but has been so damaged it is unusable.
It was a brand new hard drive and got stuck in customs for weeks...and now they eventually got it but the disc heads are broken which only happens from impact e.g, it was dropped and or mishandled.
Do I have a claim against Fedex?
The drive itself is only $250 but there is also the footage on it and the time and expense this is all costing us.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to hold FedEx liable for the damage, you would need to prove that their handling caused the damage and not customs. That is the first thing. Second, once you prove who caused the damage, you have to prove the value of the damage. So, before you can sue FedEx you have to prove their handling caused the damage, but If you can show that, then you need to file your claim with them for the damaged item and if they refuse to pay then you can sue for the damage.


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Customer: replied 10 months ago.

Hey there

Thanks for the response. I have a few questions.

1. Do I need to sue them or just make a claim?

2. The drive was brand new before I sent it and as I said got held up in Indian customs (it could have been them that damaged it)

3. Do you think it is worth it?

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

You need to make the claim with FedEx first.

If FedEx did not cause the damage and you have no proof they did so, then you have no claim or case in court.

Is it worth it, it all depends on the total cost to you to replace the drive or to send the information out maybe on a USB this time or by some other digital file.