A delivery that disappeared – who has to pay | Damages | Ask the Rabbi - SHEILOT.COM

A delivery that disappeared – who has to pay

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Question

I ordered a delivery that was supposed to arrive as home delivery. The courier called only when he was already downstairs at the building; he asked for permission to leave it near the mailboxes because he didn’t have the strength to go up to the 4th floor and he was in a hurry. I did not agree, out of concern that it might be stolen or disappear. I agreed that he could bring it into the building; there is some hidden niche there. I told him to photograph where he was placing it, to send me the picture and I would confirm that it was okay, because within just a few minutes someone would be home. He did not send me a picture; I waited for him to send it, and then he sent me a message that the package had been delivered. I immediately called to understand what was going on; only after about half an hour did he answer. I asked where the package was; he said he had no idea, he doesn’t remember what he did with it, and he immediately said: “I don’t remember; tell me how much it cost and I’ll pay you whatever it cost.” I tried to suggest that he look into it and check, because the contents are very important to me, and I paid for a more expensive shipment so that it would arrive quickly, and now it will no longer arrive on time from where I ordered it, and for me it will cost at least three times as much, as well as the time spent searching for products elsewhere. 
 He told me: “I checked, I didn’t find it; take cash,” and he came to the house to pay what it had cost.
 The question is whether he is really the one who has to pay, whether I am allowed to take money from him. Perhaps there was some negligence on the part of the delivery company, perhaps they made a mistake and mixed up shipments or addresses, and I am only allowed to take reimbursement from them, or perhaps the one responsible for the package is the sender — the store from which I ordered. 
 I note that the delivery company said that from their point of view, since he scanned the shipment and reported it as delivered, it is no longer connected to them; the store makes the same claim.

Answer

Shalom u’vracha,

It is clear that the courier must pay: he was negligent in his work and did not bring the package to the place to which it was sent, and he also did not send a photo of the delivery as he was requested to do.

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