A broken bed
November 22, 2011 5:24 PM Subscribe
Should I sue a furniture company for failure to execute a warranty on a broken bed?
posted by meadowlark lime to law & government (5 answers total)
I purchased a bed from a large mattress / furniture company in New York.
Less than a year later, the bed frame broke apart. (Not even from a fun activity: I just moved it across the room and it broke apart like you'd see a house collapse in a cartoon.)
So I filed a report with the company. It took three weeks for them to send out an inspector, and another two weeks for the inspector to "file the report". Result: company determined the bed was broken, was covered by warranty, and I would be entitled to a new bed.
However, this was over two months ago. I still have not received a new bed frame. Every time I call they say the bed frame is not in stock. This has been going on well over a month now.
They will not give me a cash refund. They said they can give me a store credit for the bed, but there is no frame they sell that is even close to the price I paid for this one. (In fact, even if I got a store credit I wouldn't be able to get the same frame for the same price, as I received a discount on it.)
So: should I file a small claims lawsuit in New York City against this company for failure to execute the warranty in a reasonable way and amount of time? Will I have a chance to win the claim, or will it be thrown out because I refused the store credit? Will the company even bother to send a lawyer to defend it, or might they settle once they receive the lawsuit filing?
(Once I filed the lawsuit I would go buy a new bed from Ikea or something and just hope to win the cash back in court.)