It’s July1st , you pay a moving company in order to move your furniture and transport it to your new home. Once the furniture is unloaded, you notice that many of them are damaged and the floor of your new home is damaged.
Are you entitled to compensation for the damage you incurred during the move? Who will be held responsible for them?
Me Lambert answers these questions by explaining the remedies available to you when you incur damage during a move.
Recourse for contractual and non-contractual liability
In general, contracts with a moving company can be qualified as transport contracts, and the Civil Code provides for specific provisions concerning this type of commitment. In particular, Article 2049, which provides that:
The carrier is obliged to transport the goods to their destination.
Consequently, the carrier is obliged to make good the damage resulting from the carriage, unless he proves that the loss results from force majeure, the inherent defect of the goods or a normal brake.
Thus, the moving company with which you do business is bound by an obligation of result when it comes to the transport of your goods, whether of a movable or immovable nature. It will then be necessary to prove that the carrier has not complied with its obligation.
It will also be possible to bring a civil liability claim against the moving company and its employees. For this, it will be necessary to show that a fault was committed against you during the transport of your goods and that it was the cause of moral, material or bodily damage.
It is recommended to file a lawsuit against the employees and against the company respectively in order to maximize your chances of success. It should be noted that a fault committed by an employee in the performance of his duties and having caused harm to others will automatically entail the liability of his employer, even if the latter has not committed any fault.
Damage to a building
Sometimes, by transporting furniture from one dwelling to another, damage is done to the building; for example, that stair railings or steps break. If you own a building, you have the right to sue those responsible for the damage and obtain compensation.
In rarer cases, it happens that the damage occurs during the move of a house of the “Bonneville” type. For example, in one case, the owners of a modular home bring an action against a company and its employees responsible for moving the home to obtain compensation for property damage to the company. Indeed, the attendants had to use levers in order to lift the building, and in doing so, they escaped the house twice, causing several cracks in the walls and in the floor. Notwithstanding the exoneration clause in the contract of carriage between the two parties, the Court considers that the fault committed by the carrier is grossly nefarious and negligent and orders the carrier to compensate the claimants.
Reputational damage and privacy
The carrier is also bound by an obligation of result when it comes to the respect of your privacy.
For example, the Court of Québec ordered a moving company to pay $2,500 in moral damages for the public humiliation and invasion of privacy that the employees had inflicted on the plaintiffs. Indeed, the movers proceeded to unload the furniture in the middle of the street, in plain sight, instead of transporting it to the new dwelling as they are generally required to do.
Personal injury
It is also possible to receive compensation for bodily injury incurred during a move.
Notably, in a tragic case, the plaintiff’s estate was awarded compensation for the bodily injury suffered by the claimant. As Mr. Gendron was heading towards the entrance to his seniors’ residence, he realized that a moving truck was blocking access to the section of sidewalk intended for people with reduced mobility, a category to which the applicant belonged. While trying to climb onto another part of the sidewalk, he fell, hit his head and died some time later from his injuries. Since the unfortunate accident involved the use of a vehicle, it was up to the SAAQ under the Automobile Insurance Act and not the moving company to compensate the family of the deceased.
Damage to a piece of furniture
Finally, you have the right to receive damages for any material damage incurred on your furniture during transport and unloading.
Here are some tips to maximize your chances of getting a fair and integral repair:
- Take pictures of your furniture before and after;
- Have the damage assessed;
- Take into consideration the wear and tear already present;
- Compare repair and replacement options;
- Present a detailed invoice to your mover.
Remember that each case is a case in point and that the assessment of the case must be carried out taking into account all the relevant elements.
If you have any questions about this article or if you have suffered any damage during a move, do not hesitate to contact our firm.