I sent 4 boxes of books library rate with the US Postal Service. The boxes averaged 60 lbs each and containted a mix of chldren’s books and medical texts (estimated value=$2000). They were sent uninsured(choosybeggar is still suffering the consequences of perserverant craniomural impacts).
Well, the packages arrived at their destination; the boxes were intact but suspiciously light. Upon inspection, it was noted that a good portion of the contents had been removed and replaced with balled up newspaper. No damage was noted and the boxes were taped tightly shut.
I surmised that this was the result of theft (yeah, maybe the boxes broke open during transit and the contents were lost, and nothing was noted, but maybe if a frog had wings he wouldn’t bump his ass a hoppin’). I filed a complaint with the post office ahnd was informed that while the culprit might be caught, I will not receive compensation since the parcels were uninsured.
I’m not planning to let the matter rest on one postal worker’s say so, but could this be true? Am I buying insurance to protect myself against crime within the organization that handles my packages?
Legally, is the US Post Office liable for my loss (because of presumed negligent handling) or am I SOL?
The crime in question is covered by 18 USC Sec. 1709, “Theft of mail matter by officer or employee”. My cursory browse through “Title 39, Postal Service” doesn’t have anything about USPS being liable for theft by their officers or employees. So unless the books turn up somewhere, I think you’re SOL. But you might want to ask a real lawyer; you might have some grounds for something.
If I gave my packages to an individual (uninsured) and contracted with said individual to deliver the packages, then wouldn’t that individual be responsible for a loss of property arising from said individual’s negligence?
Is the matter entirely different because I’m dealing with the USPS?
I will give you my thoughts, after 18 years married to a letter carrier, and thereby bump this onto page 1, and I will run this past the Better Half when he gets home for lunch.
You will probably not be reimbursed for the books, as they were not insured. Your “lone postal worker” was correct in that. However…
He was nevertheless most unhelpful (not to say cranky) by not mentioning that you can at least help bring the miscreant to justice by saving all the evidence (those newspapers are serious evidence) and by filing a serious complaint of “Theft” with the Postal Inspectors. These are the really quite serious Post Office Cops (they carry guns and everything) who are the folks responsible, among other things, for finding out that Letter Carrier Joe Blow has been dumping all his mail in his garage for the last 3 years, instead of delivering it. (You always wondered how he got caught, didn’t you? Well, it was the Postal Inspectors.)
Were all four boxes equally looted? When you packed them, did you use that thread-reinforced strapping tape to close the boxes, or did you just use plastic box-sealing tape? If it was just one or two boxes, and you only closed them up with box-sealing tape, I’d be more inclined to say that what happened was that they busted open and catapulted their contents off the back of the loading dock into a mud puddle, and that somebody somewhere wasn’t honest enough to say “oops” and file the relevant paperwork saying “I dunnit”. He just stuffed them back in and loaded it up with newspaper.
If it was all four boxes, I dunno what the black market is in textbooks, but it’s probably not a Postal Mafia but just a mail handler with a grudge against the Post Office. Only mail handlers would have the time, and the privacy, to pull off something like breaking open four boxes of books and then resealing them (those are the people in the warehouse, tossing boxes into laundry carts at 2 a.m.). The letter carriers are all busy sorting (“casing”) mail under the eyes of the supervisors, and the clerks don’t get much privacy, either. No, I think you’re looking at a mail handler here.
Even though they were “just books”, a grand total of $2,000 puts it in the Felony category. You should definitely pursue this. Somewhere out there is possibly somebody looting the mails, which means a big-time prison sentence, no kidding. Sic 'em!
Yeah, it’s a little different because the USPS is a government agency. There seem to be different rules for how liable for something a federal agency can be.
The fedl gvt has consented to be sued for its own negligence, as a general rule. It has set up a court of claims for that purpose. I haven’t researched this area, but I’m just speaking from general rules of law. You have a prima facie case of negligence against the government due to res ipsa loquitor (“the thing speaks for itself”). If you can show that you delivered to the PO the packages, properly packaged (which would have been the case if the PO accepted them) and they arrived, or didn’t arrive, not the way you delivered them to the PO, you have a prima facie case of negligence against the US gvt. The packages were in possession and control of the PO until they were delivered. The PO was responsible for any loss due to its negligence or misfeasance.
This is such a strange crime. Stealing books out of a sealed box? General thieves are looking for something to sell or pawn for cash and unless we’re talking books you could sell back to the college library (and how would the thief know this) I would imagine books are among the least easily pawned things to steal.
I think it is more likely the box split open and the books were damaged or lost and this is some carrier or mail handlers CYA stunt so they wouldn’t have to deal with it or otherwise get written up.
Okay, I’m back. The B.H. didn’t come home for lunch yesterday, so by the time I got around to asking him…
Anyway, I outlined your scenario and his immediate reaction was, “The boxes probably weren’t sealed and taped properly, they busted open when dropped onto the conveyor belt, the mail handlers were able to retrieve half of the books, but half the books went bye-bye into the Conveyor Belt Interdimensional Warp, and the mail handler(s) filled the boxes with newspaper and taped them shut so as to at least facilitate moving them further along their Route of Destiny.”
(Can you tell that he’s a lot less cynical than I am? He considers it extremely unlikely that a mail handler, even one with a grudge, would stop to open up uninsured book rate boxes.)
He isn’t sure what kind of incident report the mail handler(s) in question would have been required to fill out. It’s possible there isn’t any, for something that wasn’t insured or First Class. He says you have to visualize the mail handling warehouse–it’s huge, like one of those airport baggage handling facilities, with conveyor belts and laundry carts of mail EVERYWHERE, and more mail coming down every minute.
He says no, ultimately the USPS is not required to reimburse you for something that was not insured. Sorry.
And he would like to remind everyone, as long as he has you all here (a Teachable Moment), that a box full of 60 pounds of books needs to have that reinforced strapping tape wrapped around it, and I mean wrapped.
To be honest, this was the first scenario I imagined as well. However, the information I got from my wife (who was on the receiving end) was that the missing books were the big ticket items. If true, this pattern is more consistent with intentional removal of the contents.
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Another red flag was the lack of any documentation of the accidental loss. However, if none is required for uninsured book rate…
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But will they reimburse me for medical expenses I incurred as a result of all the banging my head against the wall I’ve been doing since having made this ill-fated decision?
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And BTW, since it’s come up a few times, the tape was of the non-reinforced variety. :o
And
I know I originally said the boxes were stuffed with newspaper. It turns out the stuff was brown wrapping paper.
My apologies to Watson and Holmes (and SmackFu and GaryM) as these were great suggestions.
Thanks to all for your input. DDG, you have me almost convinced that the loss was accidental or at any rate, my loss is consistent with an accidental loss or rifling. Live and learn.
