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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.

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