Buisness backing out on damaged property claim.

i purchased a gallon on paint from this buisness. (big home and garden store) when i got home with the paint i picked up the gallon and took it into my room. The lid of the paint wasnt sealed properly and the lid blew off sending half a gallon of paint all over the floor and my mattress. was able to clean the floor but the mattress is ruined. went to the business the nex day and the manager said they will reinburse me for a new mattress. i asked how much they are goin to pay. she said just get a comparably mattress. i have it in writing. she also said that they will pay it on the spot when i bring in the receipt for the new mattress.
i buy a nice serta mattress for the amount of 2000. (queen size)
my matress i had was a king coil and was about the same price when bought.
now they say the amount is to much and its not there fault since i left the store with the paint.
isnt that not my problem? i have the manager in writing saying that they will replace the mattress.
can i sue if they dont pay?

 

Tough situation.

I am no legal expert.

But I know that if this was me I'd be raising hell until I got what I want, or the law to tell me I was not going to get it.

Certainly seems worth the battle. . . .

Best of luck to you!

 

Oh I am going to raise Hell if they don't. Seeing that they told me I would have the money the same day I am a little short on cash now. But I think I have the right to be. U can't tell a customer you are going to pay, putting in writing, then say your not liable anymore.

 

Go and raise hell! Best way to get things done these days

 

CONSULT AN ATTORNEY! THIS IS NOT LEGAL ADVICE.

That said, depending on the text of the letter, the letter is an enforcable agreement. There are a bunch of interesting questions here that would keep a law student writing for a full three hour exam. The short version is (a) it's not clear, in the absence of a letter, whether they would owe you for the mattress, but (b) if you gave up your claims in exchange for their letter settlement offer, then you have all the elements of a contract in place, and (c) even if one of the elements, consideration, is weak, you acted in reliance on the offer and should be good anyway.

Please realise this is a horribly oversimplified version of things and I've left a lot out pro and con. The text of the letter the manager signed matters a lot. The authority of the manager to commit to the deal matters. The reasonableness of the deal in light of their liability could matter. You need to find someone who represents you who can actually read the documents and form a fully informed opinion.

The problem, of course, is that $2,000 isn't the biggest case ever, but that doesn't mean you shouldn't be able to recover.

Good luck.

 

+1 - If you get any more resistance from Hardwareville USA then I'd be going after some legal council.

I imagine you have pictures of when the paint can exploded (but at the same time thinking about this if I were you a camera would be the last thing on my list after : clean paint, clean hands, go after dumba** that forgot to close my paint can lid.)....

 

I actually have a picture of it. Which I showed the manager. She seemed like it was no big deal to do this.
I am more than ticked off at this point.

 

As for the written agreement it is kinda weak but it still is agreement. The manger wrote on the back of her business card that they will reimburse me for a new comparable mattress. She also signed it.

 

This is just my 2 cents, but you may want to consider offering to pay for half of the mattress... I know it's not ideal, but after attorney's fees, court fees, and your time, it may be worth it in the long run, cut your losses and agree to take $1000. There is no guarantee that you'll get anything if you go to court.

 

Unfortunate truth right there.

Certainly go for the TKO, but if you can only get a few jabs in - get em in!!!