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A legal question, are we liable?
I am a manager of a furniture store. Today a customer came in to buy a mattress and box spring. I gave her the price that included delivery. She wanted a queen sized mattress and box for a third floor apartment. I told her that a regular box spring would not be able to go to a third floor apartment. I offered the customer the option of a split box. She choose the queen box. She said if it did not fit, she would break it. I again told her that a split was available, and told her the price.
She called me after delivery to complain that my delivery men had made holes in her walls trying to get the box upstairs. When my guys returned to the store, they informed me that they told her several times that it would not fit, but she insisted that they continue to push. She even assisted in the pushing. The result was holes in her walls and she feels that the company is responsible for the holes. They also informed her that forcing was causing holes in the walls and she replied " I don't care'. Upon leaving, the delivery men informed her that they was taking the box spring back to the store and she could come for a refund. She refused and told them to leave the box on the 2nd floor. So they delivered the mattress to the 3rd floor and left the box on the 2nd floor at the customers request. Now the customer thinks we should be responsible for the wall damage.
3 Answers
- BootsLv 71 decade agoFavorite Answer
Yes, you are responsible for the wall damage.
When your experienced men saw that the box springs was not going to fit - they should have asked the customer for an alternate delivery location or returned the box springs to the store and given her a refund.
As it is, the experienced delivery men chose to try and force it at the customers request.
Yes, you should pay to fix the wall.
- traiLv 71 decade ago
Yeah, I think you're going to have to pay, for two reasons: 1. Since the lady lives in a third-floor walk-up, it's pretty obvious she doesn't own those walls she told your guys to damage. 2. Your guys did not have her sign a waiver before they did something that was against their better judgment.
One number rule of doing work in the customer's home: Don't do anything that causes damage or is below industry standards without getting a signed waiver from the owner that includes specifics.
And *never* do anything that damages a third party's property. That's just bad PR. You can bet that landlord's not going to shop there.
- 1 decade ago
no.
yes only if the exchange went like this:
"it'll damage the walls."
"could you try it"
but she said "i dont care." She valued the walls less than you did. this isnt a child that was damaged but a wall. a child has universal rights. If she says "I dont care" about a child, you have to still regard it as another humn being. But it's a wall. her wall. she told you how she values it.
so,,no. logically.
