Porch Piracy: Dissecting FedEx’s Responsibility In A Viral Video

In the latest viral video, Attorney Ugo Lord tackles the legality of a porch piracy occurrence where a package was taken off right from the FedEx driver’s hand. By focusing on the details and his talent for simplifying complex legal scenarios, Lord performs a dissection of the incident and brings up important questions about who was to blame.

The clip starts in the most ordinary way by featuring a FedEx driver delivering a package. Nevertheless, the peace is disturbed when a porch pirate comes up from behind, seizes the delivery and vanishes quickly. The unexpected event leaves viewers questioning: Who is responsible for the stolen parcel?

Ugo Lord’s Swift Analysis

Lord’s analysis of the event is as swift as the theft itself. “The Porch Pirate is liable for all the damages that happen next,” he states. However, he further explains that recouping losses from an incarcerated pirate could prove difficult. This leads to the more pressing question: Who bears ultimate responsibility for the contents of the package— the homeowner or FedEx?

The answer, according to Lord, hinges on a critical detail. If the package had been delivered and then stolen, the homeowner would be liable. This is because in most cases, once a courier has confirmed delivery, the package becomes the online shopper’s responsibility. However, upon examining the video closely, Lord points out that the package was still in the driver’s hands when it was taken, meaning it was not technically delivered.

In this scenario, the package remained under the “possession and control” of FedEx, implying that FedEx is liable for the safe delivery of the package. Since the package was stolen before delivery, FedEx bears the responsibility for the losses incurred.

Legal Implications

The legal landscape surrounding package theft is multifaceted and varies depending on the courier involved. When it comes to packages delivered by the U.S. Postal Service, the law is crystal clear: stealing them is a federal crime. But the waters muddy when the package is delivered by a private carrier such as FedEx, UPS, or Amazon.

The reason for the discrepancy is that the punishment for stealing parcels delivered by private carriers falls within state laws that may differ greatly. Some states like Texas, New Jersey and Michigan have already acknowledged the growing number of porch piracy crimes. And, they have changed their laws in the past several years to impose tougher punishment.

At the federal level, U.S. Rep Dean Phillips , a Democrat from Minnesota, who presented a bill last year, implying that packages delivered by private carriers should be penalized as much as the federal law penalizes them. While this act is already proposed in the Congress. However, it has not been advanced yet, with a state having a patchwork of disparate policies being the norm.

Responsibility for parcels stolen in the same way is also not easy to assign. In most cases, it is the seller or the courier company who should be responsible for delivering the commodities until they are dropped at customers’ designated place. Once the delivery courier has confirmed delivery, the package becomes the responsibility of the online shopper. However, this is not always true as pointed out by Attorney Lord Ugo in the video.

FedEx’s Responsibility

FedEx has the policy of handling the cases of stolen packages with the defined claim procedure. FedEx customers, shippers, receivers and even the third parties who are involved in the transaction can report claims of damaged or missing packages within the first 60 days of the shipment. For stolen packages, the window reaches out to nine months. Claimants should submit enough information, including the products’ packaging, to support their claim.

The company’s claim process is designed to resolve claims within five to seven days, ensuring that customers aren’t left in the lurch. So, in the viral video scenario, even though the package was stolen before it was officially delivered, FedEx’s policies and procedures provide a clear path to resolution for the customer.

Conclusion

Lord’s analysis reminds us of the complex legalities that surround everyday events and the importance of understanding them. It’s not just about the viral video. It’s about the implications that ripple out from it, impacting consumers, couriers, and the legal system. As for the porch pirate, let’s hope he’s caught soon, and the package is safely returned to its rightful owner.