Lost Item Liability Explained
Summary
In Indiana, if a business uses a third-party carrier, the risk of loss for a shipped item generally transfers to the buyer once the item is shipped. The specific terms of sale and shipping agreements can influence liability. Reviewing these documents is crucial to understanding who is responsible for the lost item. If the terms are unclear, consulting a lawyer may be helpful.Full Conversation
Indiana
In Indiana, liability for a lost item can depend on various factors, including the terms of sale and the shipping agreement. Generally:
- If the company uses a common carrier (like USPS, UPS, FedEx), the risk of loss typically transfers to the buyer once the item is shipped.
- If the company itself handles the delivery, the company may be liable until the item is delivered.
Do you know if the company used a third-party carrier or their own delivery service?
Third party
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In Indiana, here are the general liability rules for lost items when a third-party carrier is used:
- When the seller uses a third-party carrier, the risk of loss usually transfers to the buyer once the item is shipped.
- The terms and conditions of the sale and shipping agreement can affect this liability.
You might want to review the shipping agreement or terms of service provided by the company. Do you have access to these documents?
Yes
Since you have access to the shipping agreement or terms of service, I recommend reviewing them closely. Pay special attention to any clauses related to the transfer of risk or liability for loss. If the terms are unclear or seem unfair, consulting a lawyer might be beneficial.
Would you like guidance on how to interpret specific clauses in the agreement?