How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6423
Experience:  20 years experience as a civil trial and appellate lawyer
Type Your Legal Question Here...
Maverick is online now
A new question is answered every 9 seconds

I used to trade in my cell phone. They provided

Customer Question

I used to trade in my cell phone. They provided me a Fedex shipping label and the package was lost in transit. Who is liable? What is my recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

(A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here;

(B) When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and

(C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours.

Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.

Answer will follow shortly in the pane below as per above parameters….


You can file a claim with Fed Ex; but they have terms and conditions that limit their liability for lost packages to $100.

Customer: replied 1 year ago.
Thank you for your reply, however I have to disagree. I could only file a claim with Fedex if I was the shipper of record. Since the company Gazelle provided me with a shipping label, they are technically the shipper. My question still has not been answered, who has liability for my missing items? Should I need to sue, would it be Gazelle? I can't imagine suing Fedex since they are only the carrier and their responsibility lies with Gazelle since that's their customer. I was under the impression I would need to sue Gazelle and they would need to recover funds from Fedex...
Expert:  Maverick replied 1 year ago.

Yes, you are correct that Gazelle would have to file for the claim with Fed Ex. Fed Ex is the ultimate liable party since its negligence caused the package to be missing. If you need to sue, you need to sue Gazelle for breach of contract upon which they would join Fed Ex on a negligence action as a third party defendant.

Customer: replied 1 year ago.
What do you mean "upon which they would join Fedex"? Does that mean I should sue Gazelle and Fedex at the same time in the same case?
Expert:  Maverick replied 1 year ago.

You would not have standing to sue Fed Ex as you have no privity with it. You would sue Gazelle and then in the same suit, Gazelle would turn around and sue Fed Ex because Gazelle contracted with Fed Ex to make the delivery.