Jean leaves her prom dress with Kwik 'n Kleen Launderers to be cleaned and altered for the dance. On its return, the dress is greasy and smells bad, and the alterations burst at the seams. Who suffers the loss and why?
What will be an ideal response?
Kwik 'n Kleen is liable as an ordinary bailee, which owes a duty to take proper care of property left in its charge. In this question, of course, the property is the prom dress. To recover from a party who does not fulfill a required duty of care, an injured party¾Jean, here¾must prove the lack of care in most cases. In this problem, that might be difficult, if Jean does not know why the dress was returned in bad condition. Under the law of bailments, however, proof of damage or loss raises a presumption that a bailee is guilty of negligence or conversion, and the bailee must prove that he or she exercised due care.
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