Liability for Damaged Property
If a dry cleaner or repair shop damages your item, they have breached their contractual obligations. Under the Law of Obligations Act (LOA) § 635 (1), a contractor must perform the work in accordance with the contract and quality standards. If the item is damaged, it constitutes a defect for which the service provider is strictly liable.
Steps to Take
- Document the Damage: Take clear photographs of the damage immediately and request a written report from the service provider. This serves as vital evidence in any potential dispute.
- Submit a Written Claim: According to LOA § 646, you must notify the provider of the defect within a reasonable time. Submit a formal written claim specifying the extent of the damage and your demand (e.g., repair, replacement, or monetary compensation).
- Demand Compensation: If the item is destroyed or irreparable, you are entitled to compensation for the value of the item under LOA § 127. Service providers cannot exclude their liability through unfair standard terms.
If the Provider Refuses to Pay
If the service provider refuses to compensate you, you may file a complaint with the Consumer Protection and Technical Regulatory Authority (TTJA) or initiate legal proceedings in court. It is essential to keep all receipts and correspondence, as the burden of proof rests on the parties involved.
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