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Our mailman keeps misdelivering my neighbor's mail to me so I have to walk to his house and put it in his mailbox.

Saint Petersburg, FL |

Because of that, I suffer a lot of punitive damages. Can I sue USPS and the mailman for the punitive damages?

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Attorney answers 4

Posted

This does not equal punitive damages. You need to contact the post office and your neighbor and have them correct the problem.

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Asker

Posted

But it makes me upset and puts my mail at risk. Can I sue for anything? I need money for this awful harm done to me and my family and the neighbors. We can join the neighbors in the lawsuit.

Heather Morcroft

Heather Morcroft

Posted

You can't sue people because you get upset about mistakes. Misdelivered mail happens. Unless there is some other unusual fact, it is not an awful harm. You need to see if it can be corrected. There is no tort for negligent delivery of mail, and any kind of punitive damages in a tort case requires a lot more than a mistake. If you think there is something nefarious or systemic going on, then go talk to a personal injury attorney, but I really don't think this is going anywhere, based on your description. Certainly not if you have made no attempts to communicate with the post office.

Asker

Posted

Actually there are, they are called misappropriation, negligent entrustment, conversion, trespass to chattels, negligence, public disclosure of private fact, invasion of privacy, and false light. Have you ever heard of those claims?

Heather Morcroft

Heather Morcroft

Posted

Yes I have. I don't believe that misdelivered mail, on its own, meets those requirements and I certainly don't believe that it rises to the level of punitive damages. You are, of course, entitled to disagree with me. I assumed that since you were on this forum asking lawyers you actually wanted to hear what lawyers had to say, but apparently that is not the case. As I said, feel free to contact a personal injury attorney if you feel you have a claim. I don't think you will find one to take your case and I think that if you try to file a claim on your own you will face some serious problems and may wind up being sued for attorney's fees by government attorneys.

Barbara Billiot Stage

Barbara Billiot Stage

Posted

You are not the victim to any of those torts, even if you could establish the elements of each. The neighbor would be the victim. Plus the federal government has certain immunities and any valid claims have a short statute of limitations to bring a claim. For instance, false light is publication of facts that place a person in a false light even though the facts themselves may not be defamatory. What facts did the post office publish about you?

Posted

Ms. Morecroft has given you good advice. I can only add that you could just clothespin the mail to your box, and let the postman handle it. No need to take a walk.

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Posted

You do not have to walk anywhere. You can mark the envelopes "delivered to wrong address" and put the mail in the outgoing mail box. Or, take the mail to the neighbor and let him/her know that this has been going on and he/she should speak to the postmaster at the local post office.

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Posted

Why not contact your local postmaster with this complaint?