State Law Limits Mover's Damage Liability

WATAUGA (CBSDFW.COM)- Customers complain that a moving company in Watauga is breaking furniture, scratching floors and damaging electronics, but they can't get proper retribution because of a state law.

The Sakelaris family moved into their dream home in Trophy Club this summer.

"It was a hard road getting here," said Christy Sakelaris, who hired Watauga-based Easy Moving to move their belongings. "Before we ever got in things were ruined and damaged. They damaged our new hardwood floors."

Sakelaris said she complained about the damage. The movers from Easy Moving then defended their business.

A day later, Sakelaris found a clip on YouTube from another customer complaining about the same company.

"That's how they moved our stuff. They were kicking things around. They were very unprofessional," Sakeleris said.

Sakelaris is still fighting the company to pay for the damage. Hayley Smith of Carrollton had the same problem with the same moving company.

The drawers were off the hinges of her one-year old dresser and will not shut. In some places the wood is split. And she is not sure how to fix her new television, which she also claimed Easy Moving movers damaged.

"The plastic all broke off as they were trying to put it back together and now the screws won't go in and hold the base," Smith said. The base of the television and the screen are completely separated.

The Texas Department of Motor Vehicles regulates moving companies. Since 2005, more than 30 complaints have been filed against Easy Moving, which was once known as Pless Transpiration.

"The records I've reviewed show they (Easy Moving) were responsive," said DMV Director of Enforcement Bill Harbeson.

Based on Harbeon's review, Easy Moving owner James Pless answered the complaints by following the procedures Texas law requires.

"Easy Moving Company always complies with the terms and conditions of the mutually agreed upon and signed "contract" and occasionally makes settlements on alleged claims when Easy Moving Company was not found at fault," Pless said in a statement.

The state law reads "loss or damage to any shipment is 60-cents per pound per article." So, the value of each item is only based on how much it weighs.

For example, Hayley Smith said she paid about $2,500 for her flat-screen television. Easy Moving's contract and state law require the company be liable for 60-cents per pound for damage. Because the TV weighs about 60 pounds, Easy moving is obligated to pay about $36.00 for the damaged television.

"Maybe in the future the Legislature will get enough complaints from people who are being damaged but not compensated and they will make a change to the law and not protect the moving companies," said attorney Steven Badger, who agreed to read Smith's contract as a friend of the family.

For now, when there is a damage claim, the state can take "no action" if the law is followed. Last month, Tressa Williams received the state's outcome of her case. The front page of her complaint reads, "No Violation." 


"From the minute they (Easy Moving) pulled up, it was a disaster," Williams said.

Williams showed pictures of her damaged shutters and walls, but she also said she understands the contract and law defined Easy Moving's liability. She decided to pay for the damage herself and not waste the time it would take collecting 60-cents per pound for her damaged belongings and home.

"The fact they are called easy moving company is humorous to me because it was anything but easy to me," she said.

Pless defended his business, saying, "We follow all guidelines. We have contracts. We do everything by procedure."

"Easy Moving Company also appears every time for TxDOT sponsored mediations which every customer has the right to request," Pless wrote in a statement.

In Sakelaris' case, Pless said he sent some to repair the furniture. He said his contract does not cover her floor damage, although he did ask the person to fix it. Sakelaris said she stopped the repairman from working on her floors, because he was not familiar with that kind of repair.

Pless said he has many satisfied customers and the complaints discussed only represent a portion of who his business serves. DMV investigators said Easy Moving has an average number of violations, most of which are mostly contract wording issues.

According to the Fort Worth Better Business Bureau, Easy Moving has the highest number of complaints for a moving company of his size in its eight-county area.

When CBS 11 started this investigation, Easy Moving had "F" rating with the BBB. Pless has now answered complaints and the company has upgraded to a "C-" rating.

If moving in Texas, experts advise talking to the mover before signing a contract. State investigators said the 60-cents per pound coverage is all most moving companies will offer, but some may discuss additional liability coverage.

State investigators said some moving companies will agree to send repair crews to cover their damages. And, others will offer insurance. Homeowner's insurance also may cover any damage incurred during the move.

File a claim with the BBB and the Texas Department of Motor Vehicles if a problem arises, so there is a record for other customers to read, BBB officials said. In the end, consumers who are not satisfied can take claims to civil court where a judge may decide if the big screen television is worth more than the law requires.