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QLD Removalists Damaging Property In Transit - Liable?

Discussion in 'Property Law Forum' started by Kathryn77, 25 March 2015.

  1. Kathryn77

    Kathryn77 Member

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    Hi, I recently moved from one unit to another in the same complex and hired removalists to move the furniture.
    However they admitted to dropping my refrigerator, passing me the parts that came off. However when I plugged it in at my new unit, it seemed to be working (lights on, fridge humming). However after a couple of hours I noticed it wasn't cooling. Being a weekend I was unable to get someone to come look at it until Monday.

    So fridge repair guys tells me a bit off the pipe has been knocked off causing gas to leak, leading my fridge to overheat and it will cost about $600 to repair. My fridge cost me $899 4 years ago. I needed a new fridge then and there as I already had to throw all my food out so out came the credit card for a new one.

    I don't have cover for accident insurance so cannot claim it on my contents insurance and I did not take out removal insurance as I was moving from one unit to the other in the same complex. Therefore is the removal company liable for negligence to cover the cost of the repair guy ($110), or the costs of the old fridge?
    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Kathryn77,

    Technically yes, as they were the ones that caused the damage so they should be liable to pay. However their terms and conditions of service may exclude liability for such things. Do you have any paperwork from them? Did you sign something? This will probably set out those terms. Have a read of it.

    Generally removalists only carry insurance for their own workers and vehicles - which does not extend to property of others which may be lost or damaged. If they are a member of the AFRA they may be subject to stricter protocols and hold additional insurance. You would need to check with them though.
     
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  3. Sophea

    Sophea Well-Known Member

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  4. Kathryn77

    Kathryn77 Member

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    Hi, yes they sent me their terms and conditions which basically says they are not liable for any damage to anything. I'd accept damage from items falling over in the truck, or an accident etc but I literally moved to a unit in the next stairwell and they admitted to dropping the fridge. To make matters worse, they one that dropped the fridge then walked off the job leaving me and the other removalist to do the rest of the moving.
     
  5. Sophea

    Sophea Well-Known Member

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