Carr v. Hoosier Photo Supplies, Inc.
Indiana Supreme Court
441 N.E.2d 450 (1982)
Relevant factsFree
Carr (plaintiff), a lawyer and amateur photographer generally aware of standard liability limitations, dropped off 18 rolls of Kodak film for developing with Hoosier (defendant), which forwarded them to Kodak (defendant); both the film boxes and the developer's receipts carried notices limiting liability to replacement value, and four rolls were lost. Carr sued for $10,000; the trial court and court of appeals awarded him $1,013.60, rejecting the liability limitation as invalid, and the defendants appealed.
IssueFree
Whether a bailee may validly limit its liability for its own negligence when there is no disparity in bargaining power between the bailee and the customer.