Partially ripping a card opening the mail

steve B · #1 06-13-2016, 11:23 AM

Quote:

Originally Posted by Mark17

No, USPS wouldn't pay out because it was delivered safely and they don't consider it their responsibility to stand by and assist the recipient in opening his envelope.

The item I saw firsthand was also delivered "safely" - No apparent damage to the box on delivery. The damage was entirely due to poor packing.

A card simply placed in an envelope with nothing else is poorly packed, and proper packing is the shippers responsibility.

Steve B

Mdmtx · #2 06-13-2016, 12:08 PM

I feel badly for the op and I agree that the seller failed. But I also believe the op failed to exercise caution and the liability should be shared by each. Neither party is 100% liable or 100% clear. Maybe the best outcome would be a 50/50 deal. Just my .02.

Mark Medlin

Mark17 · #3 06-13-2016, 03:39 PM

Quote:

Originally Posted by steve B

The item I saw firsthand was also delivered "safely" - No apparent damage to the box on delivery. The damage was entirely due to poor packing.

A card simply placed in an envelope with nothing else is poorly packed, and proper packing is the shippers responsibility.

Steve B

Totally different situation. You're right, your item was damaged in transit. You didn't contribute to the damage (let alone cause it) because the damage occurred before it was in your possession.

The OP damaged his own card after it had been successfully shipped and delivered without damage. The seller didn't damage it, neither did the carrier. It arrived safely.

Here's a question: Suppose the OP brought the envelope with the card in it over to a coffee table and before opening it, spilled something liquid on it. Would he claim that to be the fault/responsibility of the seller, too, since had it been packaged better, it wouldn't have sustained damage?

vintagetoppsguy · #4 06-13-2016, 07:00 PM

Quote:

Originally Posted by Mark17

Totally different situation. You're right, your item was damaged in transit. You didn't contribute to the damage (let alone cause it) because the damage occurred before it was in your possession.

The OP damaged his own card after it had been successfully shipped and delivered without damage. The seller didn't damage it, neither did the carrier. It arrived safely.

Here's a question: Suppose the OP brought the envelope with the card in it over to a coffee table and before opening it, spilled something liquid on it. Would he claim that to be the fault/responsibility of the seller, too, since had it been packaged better, it wouldn't have sustained damage?

Your argument that the card arrived safely so it's the buyer's fault is just plain ridiculous! It was the seller's negligence that caused the card to get ripped. Had the card been packaged properly, it wouldn't have ripped.

Let's say you take your car to the quick lube place for an oil change. They drain the old oil, replace the oil filter, fill the engine with new oil, but forget to replace the oil cap. A week later you blow the engine because all the oil came out through the oil fill and the engine had no lubrication. You expect the quick lube place to do something about it, but they tell you, "Well, it was full of oil when it left".

That's basically what you're telling the OP. No, the quick lube place would be responsible. It doesn't matter that it was full of oil when it left or that you drove it and blew all the oil out, it was their negligence that caused it to happen. Same case with the card. It was the sellers negligence that caused it to happen.

packs · #5 06-13-2016, 08:23 PM

Quote:

Originally Posted by vintagetoppsguy

Your argument that the card arrived safely so it's the buyer's fault is just plain ridiculous! It was the seller's negligence that caused the card to get ripped. Had the card been packaged properly, it wouldn't have ripped.

Let's say you take your car to the quick lube place for an oil change. They drain the old oil, replace the oil filter, fill the engine with new oil, but forget to replace the oil cap. A week later you blow the engine because all the oil came out through the oil fill and the engine had no lubrication. You expect the quick lube place to do something about it, but they tell you, "Well, it was full of oil when it left".

That's basically what you're telling the OP. No, the quick lube place would be responsible. It doesn't matter that it was full of oil when it left or that you drove it and blew all the oil out, it was their negligence that caused it to happen. Same case with the card. It was the sellers negligence that caused it to happen.

I think it's more like I handed you something that was wet and you then took a step and dropped it. You're pointing your finger at me because it was wet but I'm saying it was right in your hand.

vintagetoppsguy · #6 06-13-2016, 08:34 PM

Quote:

Originally Posted by packs

I think it's more like I handed you something that was wet and you then took a step and dropped it. You're pointing your finger at me because it was wet but I'm saying it was right in your hand.

But in reality, if you were handing me something wet, wouldn't you say something like, "Be careful. It's wet"? You're giving me a warning. Then if I drop it, it's on me.

If the seller would have wrote on the package, "I'm a dumb ass and I don't know how to ship properly. Be careful when opening" then that would be on the buyer. In this case, the buyer didn't know the seller didn't package it properly.

frankbmd · #7 06-13-2016, 09:17 PM

Quote:

Originally Posted by vintagetoppsguy

But in reality, if you were handing me something wet, wouldn't you say something like, "Be careful. It's wet"? You're giving me a warning. Then if I drop it, it's on me.

If the seller would have wrote on the package, "I'm a dumb ass and I don't know how to ship properly. Be careful when opening" then that would be on the buyer. In this case, the buyer didn't know the seller didn't package it properly.

David,

Can you differentiate between a bubble mailer reinforced with industrial cardboard and a white envelope? If not, send me pics and I will suggest a strategy to open it safely.

vintagetoppsguy · #8 06-13-2016, 09:25 PM

Quote:

Originally Posted by frankbmd

David,

Can you differentiate between a bubble mailer reinforced with industrial cardboard and a white envelope? If not, send me pics and I will suggest a strategy to open it safely.

Frank, I really don't get what you're saying. The OPs card wasn't in a plain white envelope. It was shipped loose in a bubble mailer...at least that's the way I understood it.

Mark17 · #9 06-13-2016, 10:26 PM

Quote:

Originally Posted by vintagetoppsguy

If the seller would have wrote on the package, "I'm a dumb ass and I don't know how to ship properly. Be careful when opening" then that would be on the buyer. In this case, the buyer didn't know the seller didn't package it properly.

So now a seller needs to not only get the item into the buyer's hands undamaged, but also give instructions as to how to open the envelope?

This is why there are so many warning labels on everything - somebody buys coffee and wasn't told explicitly that it was hot, or someone falls off a ladder and didn't realize it had to be set on firm ground.

Someone opens an envelope with an $800 card and didn't realize he should handle it with care... Always somebody else's fault.

midmo · #10 06-13-2016, 11:31 PM

Quote:

Originally Posted by Mark17

So now a seller needs to not only get the item into the buyer's hands undamaged, but also give instructions as to how to open the envelope?

If you are a seller that ships cards this way please tell me your ebay id so I can be sure to not purchase from you. Thanks.

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