Dry cleaners signage

[anabelle7399]

I noticed the dry cleaners exchange two of my husband's semi-new suits (designers suits over $800.00 ea.), for a pair of old perry ellis suits (maybe $100.00 ea). When i picked them up they were all wrapped in plastic and the hanging bar was high, too high for me to even reach the back of the suits to see the label, i didn't notice them until a few months later when my husband told me they were not his, but since they were same color as my husband's we didn't notice any earlier.
I sent two letters to the owner of the dry cleaners, i want to return these two suits and i want my husband's suits replaced, he sent us a picture of the sign he has posted in the store saying "it is the customer's responsibility to check each item before leaving the store", he thinks he will be not liable for mistakes like this over this sign, can i take him to small claims?, any similar experiences?

 

[jharris352]

You have no case. I'm sorry you had this problem but it is your responsibility to take due care in picking up your purchases. The idea that MONTHS went by before you figured this out will absolutely kill any chance you would have at winning a lawsuit. Sorry.

 

[anabelle7399]

Dear Jharris352,
The time is not an issue, I know the statute of limitations according to the law is 4 years on a written contract, so I don't see why the fact that a few months went by will kill my case, and I also understand the fact that it is my responsibility to check the clothing just like it is my responsibility to check my children when I pick them up from childcare, I am trying to see if the fact that the clothes were securely wrapped in plastic and the pole where it was hanging was too high for anyone that is not a basket ball player would be able to check the items appropriately and the fact that I was given similar replacement items which would have made it difficult to notice it right there at the store, I had five surgeries on each eye and the owner of this dry cleaner is not even trying to see if he still has the suits or trying to help us in any way which makes it more to me like something planned, he just sent us the picture of his sign and figures he can get away with it, that's all.

 

[Gail_in_Georgia]

No; the fact that the clothing was wrapped in plastic and on a high pole are not reasons to excuse a customer from checking that the clothing they picked up were, in actuality, the same items they dropped off. Neither is the fact that you've had five eye surgeries.

The event of picking up the items happened months ago. Just how would you expect that the dry cleaner owner would be able to find the original suits? It MIGHT possibly be different if you had walked out to your car (if picking these up by car) and then noticed they were not the items you dropped off...or, after immediately returning home noticed the difference and contacted the dry cleaners then. But months later?

Gail

 

[jharris352]

Anabelle, the principle is called "latches." The statute of limitations has nothing to do with it. Any lawyer is going to argue that you sat on your rights long enough that it is impossible to know if the dry cleaners caused your loss (proximate cause) or if you just ruined your suit and now want to get a dry cleaner to pay for it by making up a story about what happened 8 months ago. I'm not saying that you made it up, I am saying the the Court will summarily dismiss your claim as having fallen to the doctrine of Latches.

You have no claim. I'm sorry if the answer isn't pleasing to you, but you did ask our opinion.

 

[anabelle7399]

Yes I asked the question and yes I will take this company to Court, now with even more ammunition than before, if it was all a waste of my time then so be it, I think this owner needs to take care of his customers, I would have been happy with a letter saying he was sorry, not just a picture of the sign, this is not about money, I know I will have to pay for filing and that is okay with me if that means I will have my day in court.

 

[jharris352]

That is always your right. Let us know what the results are.

 

[mightymoose]

Out of curiosity, does the suit still have the dry cleaners tags on it? If so they should be able to check receipts and determine if you were given the wrong clothes. There are usually tags on the clothes themselves as well as on the hangers.

All things considered though, after so many months, there is really zero chance of winning in court.

 

[tpajet]

To the OP - the suits may have been on a high pole, but that pole was not in your car. You carried them out of the store. You could have checked them then. Good luck on the case, however don't get your hopes up.