I live in rural Tennessee and have a newspaper delivered to my home. It is thrown at the end of my driveway. I contracted on line with the newspaper itself. The newspaper automatically withdraws the monthly charges from my checking account. We entered a "stop delivery" order for a 10-day vacation with the newspaper and received an acknowledgement. Unfortunately, delivery was not stopped. When we returned, the newspapers were piled in the driveway, and my house was burglarized. Upon filing the complaint with the newspaper, they advised me they subcontract delivery in my area to a subcontractor and that I must contact the subcontractor for any compensation for the burglary.

I never heard of the subcontractor before this statement, I contracted with the newspaper, and I pay the newspaper. They pay the subcontractor.

I have filed a claim in small claims court against BOTH the newspaper and the distribution company (subcontractor). The newspaper may have a claim against the subcontractor, but isn't the newspaper also liable to me for the negligence of the subcontractor?

Yes and no. It depends how the contracts are written. The flow of liability may have been passed to the sub. But the problem is where was the line of communication stopped? If you received confirmation and the newspaper didn't pass it on then they also hold liability. So its up to the courts to determine who was neglegent in a case like this. You did the right thing by bringing both parties in on it.

But what exactly are you suing the newspaper for ? The cost of the newspaper for that week?

Do you have a statement from the burgular that it was the papers that lead him to the house ?

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Originally Posted by Fr_Chuck

But what exactly are you suing the newspaper for ? The cost of the newspaper for that week?

Do you have a statement from the burgular that it was the papers that lead him to the house ?

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I agree. The continued delivery of the papers is not what lawyers call the "proximate cause" of the burglary.

1. Two (2) of the papers were found at the front door which is about 40 feet from the end of the driveway where the rest of the stack is. This indicates "someone" picked them up and brought them there - - - maybe to have an excuse to knock and see if anyone is at home?

2. I also have a sherriff's report that in this 10-day vacation period in a 5-mile radius of my address, my house was the ONLY ONE BURGLARIZED. I wonder what pointed them to MY house?

I am suing the paper and distribution company jointly and severally for the $2,400+ value of items stolen.