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Pain and Suffering for Lost Wedding Ring?

Question Originally Appearing on AVVO

Question from Anonymous in Indiana2012-04-22 02.20.43

“My jeweler admitted to throwing away my wedding band. Can I ask for the value of the ring and not a replacement ring?: The manager of the store lied to me about what happened. The general manager wouldn’t replace my band with a more expensive one. I asked if they could just give me the retail value of the ring (I don’t want them to get away with throwing away my ring that easily) and at first she said yes. After talking to the owner, she said no, would only replace with the same ring and offered me $100 gift certificate to a local restaurant. I was insulted. I would just like to know my legal rights before I pursue anything further. I would just really like to get my ring somewhere else. This is really upsetting me and I’m having a hard time focusing at my job.”

Response (from Attorney Rob Schenk):

If I understand correctly, you brought a Wedding Band into the Jewelry Store, and they admitted to ‘throwing it away’? If that is the case, then the Jewelry Store will owe you the value of the ring as it was when you brought it in. Unless this was done with some type of malice or with the intent of upsetting you, I do not think that you will be likely to receive damages other than the value of the ring (i.e., no ‘pain and suffering’ damages).

Moral of the Story: Get one of those magnets to go on your trashcans like my middle school did to catch silverware.

About 

Rob Schenk is one of the country’s most prominent “Wedding Lawyers,” a special designation for trial lawyers representing wedding and event industry professionals involved in business disputes and in transactional matters.
Rob was awarded Rising Star of 2015, 2016, and 2017 by Super Lawyers, an honor bestowed on only 2.5% of attorneys. Rob has previously been recognized by his colleagues with a Martindale-Hubbell’s AV Preeminent Rating. Rob is licensed to practice law in Georgia, Tennessee, Florida, California, and New York.

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