Back Problems

[RickyK]

My wife and I purhcased a new matress 6 years ago and it just had to be replaced by the company because it was defective and causing me sever back pains to the point where I could not even tie my shoes in the morning after sleeping in the bed. Well simmons replaced the bed with what they called a compareable model and this model I or my wife can not even sleep on because it is causing us both back pains again. I can sleep on any other bed in my house by Simmons and my back is fine. I am trying to get them to replace it since I paid about $1500 for the bed. If they do not replace this bed, I will not be able to sleep on it without major back pains every morning. Do I have a case to sue these people. I am in the state of GA.

Thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Depends on what they advertise about this bed, if other people experience same pains, what they replaced original with, etc.

It could be a defective product and I would stand my ground if I were you.

They have the duty to send you a conforming good, which they didn't. They also have the duty to cure (fix the problem). $1,500 is nothing to joke about!

 

[RickyK]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Depends on what they advertise about this bed, if other people experience same pains, what they replaced original with, etc.

It could be a defective product and I would stand my ground if I were you.

They have the duty to send you a conforming good, which they didn't. They also have the duty to cure (fix the problem). $1,500 is nothing to joke about!<HR></BLOCKQUOTE>

I see you on here quite often. I appreciate the response and I actually took it up with the store manager and I will be going in tomorrow evening to look at other beds they have. As he told me, they messed up and should have allowed me to pick a replacement within a range that meets my needs. Only time and tomorrow will see if they follow up with their promisses. If it was not for my own personal doctor, I was thinking that I was getting "Aurthur" at 42, but he told me try sleeping on a different bed in the house for a day or two and see if it fixes it's self and it did. The rep from Simmons stated that is probably our new matress which is harder than your old version which is designed to reduce motion when another person moves. So they obviously changed designs in their models and that is what is causing my problem the harder mattress.

Thanks