Dry cleaner damage

J

johnmck

Registered User
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96
Hello

Myself and my wife left our wedding clothes into a dry cleaners a month ago.
The cleaners had a fire and the clothes are smoke damaged. What are our rights?
 
Thank you, I'd have thought the same. We've been in with them multiple times , I think it's time for us to write a letter to them
 
  1. I would regard the cleaners as bailees - specifically bailees for hire or reward.
  2. A bailee for reward has a duty to return the goods intact. If not possible I would seek compensation to the value of the repairs if possible.
  3. The cleaners may argue terms and conditions that exclude liability for loss or damage of property. If the terms are reasonable their argument might fly.
  4. Your own house insurance might provide cover under goods temporarily removed from the insured property. If so, they can then seek recovery from the dry cleaners. This might not be practical if there is a big excess under the policy and or if there is a no claims discount.
P.S. I think that 4 above relates to the contents section of a house insurance policy
 
DirectDevil said:
  1. I would regard the cleaners as bailees - specifically bailees for hire or reward.
  2. A bailee for reward has a duty to return the goods intact. If not possible I would seek compensation to the value of the repairs if possible.
  3. The cleaners may argue terms and conditions that exclude liability for loss or damage of property. If the terms are reasonable their argument might fly.
  4. Your own house insurance might provide cover under goods temporarily removed from the insured property. If so, they can then seek recovery from the dry cleaners. This might not be practical if there is a big excess under the policy and or if there is a no claims discount.
P.S. I think that 4 above relates to the contents section of a house insurance policy
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They can't be repaired
 
Yes we have them. We purchased in my wife's home country. The equivalent here would be much more expensive.
 
Not sure if you would be able to use those receipts and argue that the price would be higher in Ireland. It would be based on the actual price you paid.
But you could argue that its the replacement value
 
While this is annoying for you, I think the sequence of events is important.

I assume by the 1 month timeline you left for honeymoon and then returned to find the issue, correct?

If the items were cleaned promptly and you were notified, they may have a very valid T&C that they take no responsibility for uncollected items, e.g. uncollected within 1 week of cleaning.

So the timing of the fire is important.

Beyond that, I would be very surprised for a home insurance policy to cover this. Especially if they were high value items such as a wedding dress which would have to be called out as specified items on an insurance policy similar to wedding/engagement rings.

No harm trying to get some compensation but in my opinion, I wouldn't hold out much hope.
 
No we returned and had them cleaned here as we've our Irish reception in October. They had the fire 1 week after we left them in. They've been messing us around a little with saying they've to wait on inspections etc.
 
johnmck said:
They've been messing us around a little with saying they've to wait on inspections etc.
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In fairness, their insurers might be messing them around looking for evidence of value for every item and trying to minimise the payout. They'll also be trying to deal with many others in the same situation as you.
 
Okay, so I think it is important that the dry cleaners know you had worn them but plan to wear them again (especially the dress) as the value would have been reduced by wearing them in the first place, but you have a valid reason to replace them immediately due to next ceremony.

The assessors need time to do their job, but I could see you being a priority - maybe not the top priority as that would be to get the shop up and running again.

Congratulations on the wedding, but perhaps you both can pivot to a different style (given the short time, and the fact you will never get full replacement value) and make the disaster a fun quirk of you event. (You are smoking hot, or the clothes might have gone up in smoke but the marriage hasn’t. - something to make a positive of it anyway)z
 
A few observations ;

Some home insurance policies do cover contents temporarily removed from the house.
I am looking at a copy of Aviva's HOMECARE policy paragraph 14.

The dry cleaners might have their own commercial insurance that could cover this as a public liability claim.
A commercial policy might also include cover for goods in trust as part of property insured.
I am looking at an AXA commercial policy that describes that exactly.

As far as wording a claim goes just keep it short and simple. e.g. we entrusted our property to you and it is now irreparably damaged and we hold you responsible.

As far as quantum goes I would be looking for the value of the goods here in Ireland as at the date of the loss.
I appreciate AndroidMan's argument at #11 above. However, I would argue that the "country of original purchase" price should not reduce the value of the claim. You are entitled to receive an indemnity.
Indemnity means that you are placed in the exact position that you enjoyed here at the time of the loss.
IMHO that would constitute the arguably true measure of your loss.

An analogy to complete the last point. I bought a new bicycle a few weeks ago. I paid €475 in a sale. The full value of the bicycle is nearer €750.
If my bicycle was stolen the replacement value I would claim would be €750 as that would be the presumed measure of my loss.

If the cleaners continue to prevaricate you can consider making a claim in the Small Claims Court.
The Small Claims Court's present limit is €2,000.
It only costs you a fee of €25, win or lose.
Who knows, if you are pushed this far there might be an additional element of upset at the sentimental loss and upset but I didn't suggest that :D
Link https://www.courts.ie/small-claims-procedure
 
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johnmck said:
No we returned and had them cleaned here as we've our Irish reception in October. They had the fire 1 week after we left them in. They've been messing us around a little with saying they've to wait on inspections etc.
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This a really important piece of information you left out initially. To be honest, I was thinking ‘what’s the big deal, they’re already married and have worn the stuff?’.

They’re probably really stressed and getting messed around by their insurers, so just make the point that you haven’t actually had your main wedding reception yet and there’s a massive time sensitivity to this.
 
Gordon Gekko said:
This a really important piece of information you left out initially. To be honest, I was thinking ‘what’s the big deal, they’re already married and have worn the stuff?’.

They’re probably really stressed and getting messed around by their insurers, so just make the point that you haven’t actually had your main wedding reception yet and there’s a massive time sensitivity to this.
Click to expand...

Indeed.

Remember also that some people retain the bride's wedding dress and have it altered to make a christening gown for those little people when they arrive :)
 
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