Compensation for damages and the courier's blame-shifting | Buying on eBay

rehald · 2024-04-27T19:38:58.275000Z

I found an interesting article about compensation for damages under the civil code that I’m sharing with you https://www.studioiuram.it/cosa-e-il-risarcimento-del-danno Article 2043 of the civil code states: "Any act, intentional or negligent, that causes another person unjust damage, obliges the person who committed the act to compensate the damage". Compensation for damages therefore requires intent or fault, with intent meaning the deliberate will to cause harm, and fault meaning the offender's carelessness, lack of skill, or inattention. The law evaluates lack of skill differently depending on the various qualities possessed by the person responsible for the damage: if he is a professional, he must fulfill his obligations with the skill of the average professional in that specific profession; if he is not a professional, with the care of a good family man. Once again the difference between professionals and non-professionals returns, since the care of a good family man means a lower degree of attention than the skill of the average professional. Now I have done everything that a good family man would have done: I packed the goods, printed the label for their exact weight, printed the waybill and put it in the package, paid the courier and the insurance for the shipment, handed the package to the courier who countersigned the copy of the label. No one can accuse me of negligence, because I did everything I was supposed to do.Couriers, on the other hand, pass the buck and wash their hands of it, just read this page https://services.brt.it/it/form-danni which is addressed not to the sender of the shipment but to its recipient. Yet they are professionals whom the law requires to have an expertise https://it.wikipedia.org/wiki/Expertise greater than that required of the average person, the so-called good family man. https://edizioni.simone.it/2022/09/22/buon-padre-di-famiglia-nel-diritto-privato/ The person who paid for the shipment has nothing to do with the person who caused the damage. The civil code provides that the person who caused the damage must compensate it, not the sender, and it cannot be presumed that the sender is incapable of packing fragile goods, given the numerous deliveries of such goods already made. If there is no intent and no presumption of fault on the part of the sender, who is in any case a good family man, not a professional, then our guy can go whistle.Have a good evening P.S.: Yesterday Ebay notified me of another rank advancement as an expert user. I don't know whether to be pleased or saddened by it. I'd like things to go back to normal, because unfortunately the law is completely on my side

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Compensation for damages and the courier's blame-shifting | Buying on eBay | eBay Italy