法律英语：54 Lost Packages

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.    
 
Today’s topic is getting packages delivered to work. An anonymous³ listener wrote:
 
      I recently ordered about $200 worth of clothes for my daughter from an online store that requires an adult signature for all deliveries [and had it delivered to my wife’s workplace]. Problem is: the carrier shows that the package was received, but my wife never got it.  
 
      At this point, I am ready to ask my wife's employer to reimburse⁴ me for the value of the lost items. However, she is hesitant for a number of reasons, not the least of which is that the package was personal, not business-related. My wife has even tried to convince me that having personal packages delivered to a business address is done at one's own risk. However, this doesn't ring true to me. I know many people who receive personal deliveries at their place of employment. If an employer would prefer that employees not receive personal packages at the workplace, then they should say so. … Is it unreasonable⁵ to expect to be repaid for the value of items in a package that was lost while in their custody⁶, or are we just out of luck here?
 
The short answer here is that you are just out of luck. Your wife’s employer has no duty to care for your package.
I am expecting a large package including several valuable items to be delivered to my office soon. So, I searched for any published case that would support a theory of recovery against an employer in this kind of situation. Sadly, I could not find one.  

 
The most likely theory in this case would be negligence⁷. That is, Anonymous would allege⁸ that the employer was negligent⁹ in losing the package, or negligent in storing it. Negligence suits have some common elements: duty, breach¹⁰, causation and damages. So, Anonymous would have to prove that the employer had a duty to hold the package safely, breached¹¹ that duty when it lost the package, caused the package to be lost by failing to properly store it, and that he was damaged as a result.  
 
The problem here would be duty. The employer would successfully argue that it did not have a duty to accept and protect packages that its employees ordered. The employer might produce an employee handbook that indicates its policies on personal packages. If the policy prohibits personal packages, or expressly denies responsibility, then Anonymous cannot successfully argue that the employer had a duty to protect the package. The handbook might more broadly indicate that company property cannot be used for personal purposes. So, Anonymous would be prohibited from using the fax or postage machine to send materials unrelated to work. Similarly, that provision would prohibit Anonymous from using the office mailroom to store her personal property.
 
If no such provision or instruction from the employer existed, then Anonymous would have to argue that there existed an implied duty to protect the package. To do so, Anonymous would have to prove that the employer had acted in a way in the past that would give rise to an inference that it was accepting responsibility to protect the package. Anonymous suggested that the employer did so when he reasoned that “If an employer would prefer that employees not receive personal packages at the workplace, then they should say so.” This reasoning is a bit stretched. Simply because the employer allows an employee to have packages delivered to the office, it does not mean that the employer then assumed responsibility for the package. Imagine a coat rack in a restaurant. Simply because the restaurant allows you to hang up your coat, it does not mean the restaurant accepts responsibility for protecting your coat while you dine.   
 
Last, an employer is not typically responsible for the criminal or tortious acts of its employees when those acts fall outside the scope of employment. It is likely that a coworker stole the package after it was signed for, perhaps after the coworker recognized where the package had come from. Anonymous might argue that the employer allowed the coworker to steal the package because its mailroom is open to everyone, but this line of reasoning would not likely sit well with a judge or a jury.  
 
On a practical level, complaining to the company or threatening to seek damages would likely result in the company issuing a policy whereby no personal packages may be delivered. Many of us get packages delivered to work because they require a signature, and many of us are not home during business hours to sign for things. Complaining might ruin this for everyone.  
 
Sorry, Anonymous, you are out of luck.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹² Life. Be sure to take the listener survey by clicking on the green 5 to the right of the transcript¹³.
 
You can send questions and comments to..........or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。

4 reimburse   

v.补偿，付还

参考例句：

• We'll reimburse you for your travelling expenses.我们将付还你旅费。
• The funds are supposed to reimburse policyholders in the event of insurer failure.这项基金将在保险公司不能偿付的情况下对投保人进行赔付。

5 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

6 custody   

n.监护，照看，羁押，拘留

参考例句：

• He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
• He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

7 negligence   

n.疏忽，玩忽，粗心大意

参考例句：

• They charged him with negligence of duty.他们指责他玩忽职守。
• The traffic accident was allegedly due to negligence.这次车祸据说是由于疏忽造成的。

8 allege   

vt.宣称，申述，主张，断言

参考例句：

• The newspaper reporters allege that the man was murdered but they have given no proof.新闻记者们宣称这个男人是被谋杀的，但他们没提出证据。
• Students occasionally allege illness as the reason for absence.学生时不时会称病缺课。

9 negligent   

adj.疏忽的；玩忽的；粗心大意的

参考例句：

• The committee heard that he had been negligent in his duty.委员会听说他玩忽职守。
• If the government is proved negligent,compensation will be payable.如果证明是政府的疏忽，就应支付赔偿。

10 breach   

n.违反，不履行；破裂；vt.冲破，攻破

参考例句：

• We won't have any breach of discipline.我们不允许任何破坏纪律的现象。
• He was sued for breach of contract.他因不履行合同而被起诉。

11 breached   

攻破( breach的现在分词 )； 破坏，违反

参考例句：

• These commitments have already been breached. 这些承诺已遭背弃。
• Our tanks have breached the enemy defences. 我方坦克车突破了敌人的防线。

12 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

13 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。