Passionately Pink

Dear Symphony,

A couple of weeks ago I handed my favourite shocking pink suede jacket in at the dry-cleaner.  When I went back yesterday to collect my jacket it was ruined - I am horrified!  It is only mid-winter and I will never find a jacket quite like that one again.  What do you suggest I do?  Can I sue the Dry Cleaning Company for damages?

Yours faithfully,

Passionately Pink

…….

Dear Passionately Pink,

I see you find yourself in quite a predicament, but firstly let me say this, a shocking pink suede jacket?  Really? 

Having said that, let's get down to the nitty gritty shall we?  Firstly, you didn't mention in your letter whether there was a clause excluding liability on the back of the receipt.  Secondly, you also didn't mention anything about a sign at the dry-cleaners excluding their liability.  In the absence of all the necessary information I will have to give you some general advice.

3 Important questions must be answered:

1.  Did you know there was writing on the receipt?

2.  Did you know that the writing referred to terms of the contract?

If your answer is "yes" to both questions, the Dry Cleaner will not be held liable for your damages.

If your answer is "no" to any of these questions the third question follows:

3.  Did the Dry Cleaner take reasonable steps to bring the reference to the terms of the contract to your attention?

In other words - was there a clear sign at the Dry Cleaners stating that they will not be held liable for any damages to your clothing?

If the answer the the third question is "yes", then I'm afraid the Dry Cleaners will not be held liable for the damages caused to your Jacket.

But all is not lost - as you said yourself, you will not find a jacket quite like that one again ..... may even avoid getting arrested by the Fashion Police.

Yours sincerely,
Symphony