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View Full Version : Do I have a case?



mx73someday
03-11-2008, 12:32 PM
We have vehicles come in to Calgary by container shipment. The vehicles are packed 4 to a container, two on the floor and two hung. Occasionally one of the exporter's vanning agents remove the wheels from the hung cars before they leave Japan. When the containers arrive in Calgary there is a "destuffing" agent that removes the vehicles from the container for around $1000/container.

The problem we had with the last container is that the destuffing agents in Calgary put the wheels on but they neglected to fasten the nuts on both cars. While driving one car to the transportation company's yard a wheel fell off in traffic causing $1000+ damage. We discovered afterwards that not a single wheel on the other vehicle that was hung was fastened (3/4 were fastened on the car that the wheel fell off of).

We approached the destuffing company and they offered a small discount that won't cover much of the repairs. Think I could win in a small claims action against them?

Canmorite
03-11-2008, 01:31 PM
I'd say yes.

LadyLuck
03-11-2008, 01:35 PM
Im guessing yes,

they've offered a discount meaning they are taking "partial" responsibility for the damages that were caused due to them not fastening the nuts properly...

Either way, Good luck and hope everything works out for you

Kloubek
03-11-2008, 01:42 PM
Looks like a pretty solid case to me. I agree with Princess - the fact they offered a discount proves they accept responsiblity. I'd go after them for sure.

phrozen
03-11-2008, 01:44 PM
Sure does sound pretty solid.

JRSC00LUDE
03-11-2008, 01:49 PM
Was their offer accepted?

mx73someday
03-11-2008, 07:22 PM
No I told them that I needed time to consider the offer, but I never accepted it. Their offer was a discount on their destuffing service for a future shipment.

Weapon_R
03-11-2008, 07:27 PM
Get the offer on paper, then file a small claims case. It will give you some assistance in proving that they accepted responsibility.

Kloubek
03-11-2008, 09:01 PM
:werd: