Weathersbyguild

Contributory Cause- “Factors that have contributed to a loss, accident, or result.” Courts, when considering liability for accidents such as crashes, have held that the person or persons who sustained loss or injury, contributed to the loss or injury by impairment or behavior.

In the realm of insurance or valuation cases in which losses or damages have occurred, the case can, and has, been made that the shipper contributed to the loss by tendering household goods that by their nature, or vice (condition) could not withstand normal handling without being damaged.

The piece of contemporary art depicted is composed of a sheet of latex rubber upon which the artist applied a powdery substance with the appearance of talcum. Although the piece was transported in a crate, the powder was “disturbed” thus altering the original image. The artist contended that the piece could not be repaired or restored and that the replacement cost is $20,000.00.

A third party specialty service was not used to make the crate and the item was listed on the high value inventory. I personally would make the suggestion that, in the absence of a policy decision, liability be declined on the grounds of contributory cause. The item is so delicate that even the most cushioned and
stable crate could not preclude some level of disturbance. Even a breeze could alter the distribution powder forming the image.

Kent Weathersby

Repair vs Re-upholstery.

The depicted damage is to a two cushion sofa which sustained a tear of the fabric on the right back top corner. The sofa was probably loaded too close to another item or allowed to rub repeatedly against a van fixture. The replacement cost of the sofa is $5,000.00. Re-upholstery cost is $1,900.00 including downtown service elevator pickup and delivery.

Because this fabric does not have a print pattern, the fabric on the back can most likely be stretched to wrap around the tacking strip placing the tear out of view. It is also likely that the repair in-lieu of re-upholstery can be done on site; if every thing goes as planned. The repair cost would be in the $300.00 to $400.00 range resulting in substantial savings for the carrier.