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WHO do I SUE???????

Old 04-08-2016, 06:30 PM
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Default WHO do I SUE???????

My motorhome's brain went weird. It's a box that contains the charger, inverter, power supply transfer switches, etc. Called American Coach and they said, "Change out the whole shebang for $6000, because the manufacturer, Heart Interface, is out of business". hmmm, that's a lot of Yuengling, so do some research and find a company in Buford, GA, that says they can fix almost anything electronic. That's why they're called Global Electronics. Talk to CS lady and she says, "sounds like about a $250 problem, but send it for a free diagnosis."

The brain weighs 70 pounds and is irreplaceable. I don't trust UPS or FedEx with irreplaceable things if I can help it, so I drive up to Buford and deliver it for the diagnosis.

Before I get home, the admiral gets a call from Global and they can fix the unit for $250, and want a credit card number that allows them to begin work. Fine. Done. Fix it. Also, they offer 2-day service, which is great because my son will be in Atlanta following week and can pick the unit up. Life is good.


3 days later, e-mail from CS that unit won't test right after repairs. Must be a proprietary board or something. So sorry, says Angel. Well, heck, I'll have my son pick the unit up and find a Plan B (which I do). Meanwhile, Global's Shipping Dept sends a message that they'll discard the unit if I don't pick it up within 90 days.....to which I respond that they can rest assured that it will be picked up within 4 days. Traffic doesn't talk to CS, it seems.

Chit happens, and the next thing I know is that Global has shipped the unit (one day after my response), and that unit is heading to me instead of to a company that absolutely guarantees that they can fix this brain (based in Daytona). No problem, I tell the shipping lady at Global to change the Send To address from AL to Deland, FL. She does. That starts a 7-day lost-in-transit situation with UPS, where they can't find the package despite daily contacts from both the shipper and me.

On day 9 the package arrives in Deland, destroyed. Repair people save packaging and the unit that looks like it's been dropped off a 2-story building...several times. They have to re-configure all of my Eagle's electronics, which means that I made a 1,000 mile trip to their facility in order for the work to be done. Good news is, my coach is fixed.

Bad news is, I spent $3000 instead of $250. Who is going to pay? My attorney says that since Global Electronics doesn't have a store-front in AL, a judgement won't result in a payment. He suggests that UPS be named as defendant. The packaging used for a 70-pound case was light-weight cardboard and the insulation was the stuff that is used to vacuum-pack parts (blown into plastic around each part). The stuff isn't flexible, like bubble wrap or peanuts, and crumbles when handled.

Global Electronics mis-packaged the unit and it was an accident waiting to happen as soon as it left their dock. UPS didn't help things by losing the package for 7 days.

Who do I sue? As much as Global is the bad guys, no way to easily collect from the bastids. That leaves UPS.

What do you guys know from experience?
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Old 04-08-2016, 06:42 PM
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What was the declared value when it was shipped?
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Old 04-08-2016, 06:55 PM
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You got a 6000 fix for 3000? I'd sue the guy who quoted 6k to begin with.

Seriously, if the package was insured and had a declared value just file a claim with ups.
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Old 04-08-2016, 07:37 PM
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Originally Posted by eseyoung View Post
You got a 6000 fix for 3000? I'd sue the guy who quoted 6k to begin with.

Seriously, if the package was insured and had a declared value just file a claim with ups.
He never stated it was. Global, packaged and sent on the trip that allegedly destroyed it.....if ibread that right.
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Old 04-08-2016, 07:42 PM
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Op you aren't suing anybody.

A broken part was shipped, and was more broken when it arrived.

If (and that's a big if) there was a claim against ups they wouldn't even talk to you, only the shipper. That is how the claim process works with ups.

I'm sorry to tell you this, I am speaking from experience, unfortunately.

Best of luck.
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Old 04-08-2016, 07:46 PM
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"Declared value" does not = "insured" to UPS. Additionaly, if it wasn't packaged per UPS "requirements" ( 44ECT carton, specific tensile strength/mil tape, etc.) you can almost forget about a settlement. Of course, this is even assuming the shipper indicated a declared value.
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Old 04-08-2016, 07:46 PM
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The $6,000 quote was from the manufacturer. The fix was from an independant. Not germain to the discussion/question, but worth noting.

The Sender sent the package without my knowledge or authorization, and placed a $0 value on it.

From my attempts at finding claim results from UPS, it seems that ONLY the Sender can interact with UPS, and Global Electronics' GM, Chris Long, has provided me with nothing.

I can sue Global and maybe get nothing because or tort laws, or can sue UPS and let them deal with Global's packaging and their own negligence.

While the choice seems clear, it galls me that a company like Global Electronics shirks their duty to consumers by hiding behind "storefront" law.

Who do I sue?
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Old 04-08-2016, 07:47 PM
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So, Tell me if I'm reading you right, you blame Global but your willing to sue UPS?
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Old 04-08-2016, 07:50 PM
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Originally Posted by NJFISH View Post
"Declared value" does not = "insured" to UPS. Additionaly, if it wasn't packaged per UPS "requirements" ( 44ECT carton, specific tensile strength/mil tape, etc.) you can almost forget about a settlement. Of course, this is even assuming they indicated a declared value.
This is the question of the OP. If a company sends you your package and doesn't package it properly, who's to blame?

If they don't insure the package and it becomes destroyed, who's to blame?

If they don't insure the package, or (in this case), they fail to protect the package for transit, who's to blame?

Finally, if Global Electronics of Buford, GA, screws their diagnosis, screws their repair, screws their shipping order, screws up their packaging, fails to insure, and the end result is a huge loss, do they get a free ride because they know that only Georgia customers can litigate successfully?
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Old 04-08-2016, 07:57 PM
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you're screwed. Suck it up and wonder why you bought a trailer (motor home) to begin with. Stop looking for someone to sue. That's the problem with this country. Law Suits.
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Old 04-08-2016, 08:04 PM
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Originally Posted by OReely View Post
So, Tell me if I'm reading you right, you blame Global but your willing to sue UPS?
My blame target has only two possible choices: the Sender (Global Electronics) and the Shipper (UPS). They are both culpable.

Global decided to ship a unit that they couldn't repair. They shipped without my knowledge or consent, nor without their own CS agent's knowledge or consent.
They used re-cycled packaging, and didn't package securely enough, and made Cost their number One objective.
They did not insure the package for $1.


UPS accepted the package, then the next morning got a change of address. From that point for 7 days, they didn't know where the package was. Actually, it left GA without a Departure scan and went to Robertsdale, AL, who received it without an Arrival scan. Sat there for who knows how long until a UPS uber-supervisor located it. It then went to Deland without Departure scan, and arrived like any 70-pound package shipped in a poorly-packaged box...but handled horribly en-route.

I can sue both of them, because only a judge can decide who is liable, and for what portion. My OP is efficiency. While Global Electronics is shirking their honor, that isn't a legal question. I can't hope to collect from them because of tort laws.

That leaves UPS. So, why sue a company when you can't collect a judgement?

Who would want to sue anybody besides UPS?
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Old 04-08-2016, 08:09 PM
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Originally Posted by Steamer Lane View Post
you're screwed. Suck it up and wonder why you bought a trailer (motor home) to begin with. Stop looking for someone to sue. That's the problem with this country. Law Suits.
Not sure where you wanted to go with your post. You say I'm screwed because I bought a motor home?

Stop looking for somebody to sue? Did somebody with a motor home kick your ass once and you're still embarrassed? would you play the bitch when a repair quote for $250 went to $3000 because the repair company screwed up?

You say law suits are the problem? Why not tort reform that allows people to sue the companies that screw them, without regard for state lines?
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Old 04-08-2016, 09:26 PM
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Originally Posted by OReely View Post
So, Tell me if I'm reading you right, you blame Global but your willing to sue UPS?
From your post after legal cousel this is what I read to?????? I don't know how you can sue someone for something that was broken when shipped therefore had no real intrisect value but I am not a lawyer..... I would be happy you got it fixed for 3k and move on, your gonna spend that much and more on a lawyer....

Also did UPS package your item? If not I don't know how they are liable as they will blame whomever packaged the item and be out of it..

Last edited by Cracker; 04-08-2016 at 09:42 PM.
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Old 04-08-2016, 09:48 PM
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Originally Posted by Cracker View Post
From your post after legal cousel this is what I read to?????? I don't know how you can sue someone for something that was broken when shipped therefore had no real intrisect value but I am not a lawyer..... I would be happy you got it fixed for 3k and move on, your gonna spend that much and more on a lawyer....

Also did UPS package your item? If not I don't know how they are liable as they will blame whomever packaged the item and be out of it..
Two responses to your comments, Cracker.

First, shipping something that needs fixing should require the same level of care are shipping something that is fixed. Think about it, does an ambulance take less care because a person is not well?

Secondly, whether UPS is liable is the question. If they delivered the package in two days and it showed no external damage to the box, then they should be off the hook. However, when they took 9 days, the package had all kinds of tape on it and holes from the unit poking out, and the UPS driver is the one that initiated the loss claim, that's the difference, IMO.
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Old 04-08-2016, 09:53 PM
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Originally Posted by Cracker View Post
From your post after legal cousel this is what I read to?????? I don't know how you can sue someone for something that was broken when shipped therefore had no real intrisect value but I am not a lawyer..... I would be happy you got it fixed for 3k and move on, your gonna spend that much and more on a lawyer....

Also did UPS package your item? If not I don't know how they are liable as they will blame whomever packaged the item and be out of it..

P.S. my attorney suggested suing UPS not because of liability alone, but because UPS has a physical presence in this State. His thinking is efficiency. If you sue and win, then collecting is easier within the State of Alabama instead of filing all kinds of things in GA in order to pursue a judgement.

it isn't about one liability over another (because both Global and UPS share blame) its about whether winning against UPS is worth the effort if they have ways to avoid paying, too.

Does anybody have knowledge about UPS liability in a shipment damaged claim?
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Old 04-08-2016, 10:04 PM
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Again, I would the think the hurdle is proving intrinsic value of something that is broken that you will have to acknowledge was 6k to fix or replace??

Good luck, I think you will need it and spending more time and money than it is worth. (I am not saying your wrong to be upset BUT see above)

But what do I know I am retired guy and not a lawyer looking to get your money..
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Old 04-08-2016, 10:26 PM
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Originally Posted by bamaboy473 View Post
Two responses to your comments, Cracker.

First, shipping something that needs fixing should require the same level of care are shipping something that is fixed. Think about it, does an ambulance take less care because a person is not well?

Secondly, whether UPS is liable is the question. If they delivered the package in two days and it showed no external damage to the box, then they should be off the hook. However, when they took 9 days, the package had all kinds of tape on it and holes from the unit poking out, and the UPS driver is the one that initiated the loss claim, that's the difference, IMO.

I would have stop right there when the claim was made by ups .imo that's them accepting responsibility for a loss . was there not coverage for a loss ? If the receiver accepted a damaged packaged why go any further at this point before someone accepted responsibility? I

If no coverage you made a choice to move forward with repiars on your own will without consent of any party but you .so it's your bill.. Could the responsible party of the damages fixed it cheaper on there own or with there research of replacemrnt parts or there insurance coverage etc . ? You don't know now.

Imo you didn't send the package to the final destination so who really know what was the condition was or how it was packaged. But hard to believe a electronic company would Send anything out like that after one day causing unneeded overhead , but none the less ship an item out that has 90 days before it's declared trash and can be thrown out , sold, parts etc .most these electronic shops count on people not returning for there items . doesnt add up.

Plus these shops usually have a Consent form waving a lot of your rights I would see what's on your receipt ,policy and What you consented to or didn't .
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Old 04-08-2016, 10:31 PM
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How much money are you really willing to piss away on this endeavor? You've got 3k into it already.
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Old 04-08-2016, 10:38 PM
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Couldn't you have just have made an personal insurance claim on the whole trailer. Before you sent the board off . saying water damage. Or lighting , power shortage ..etc? .. How do you know this didn't happen ?
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Old 04-09-2016, 03:14 AM
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What exactly are you suing for?

Part was broke leaving you.

Part was fixed for 1/2 of the original estimate.

Everything is now working.
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