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damaged porcelain tile, trucking company paid half the value, can I sue online store?

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Frizzle

Junior Member
What is the name of your state (only U.S. law)? NJ

Hi. I was wondering if it would make sense to take the online company that I bought tile from to small claims court.

The tile was sent by a trucking company, and when the trucking company called to set a time to deliver the tile to my home, I asked if I could pick it up after work from their warehouse because it is only 1 mile from my home.

I picked it up, it was 9 boxes on a pallet that were shrink wrapped and strapped down. I saw no visible damage.

When I got home and unwrapped and opened the boxes, I found that over half was damaged.

I called the company immediately (like it said to do on their website), and the person said that because I picked up the tile and did not have it dropped off at my door, that he cannot file a claim with the trucking company. Then he hung up on me.

I filed a complaint with the trucking company and they only gave me half the value of the damaged tile and called it a "concealed damage compromise".

I want to know if the tile company was being truthful with me (about me picking up the tile making it impossible for them to file a damage claim) and if I can sue them in court to get the other half of the value of the broken tile.

I should also add that I filed a complaint with the BBB and they found that: "Customer not satisfied with business response; BBB did not find business made good faith effort to resolve complaint". The company actually lied to the BBB and said that they specifically told me NOT to pick up the tile myself. I also discovered that since I placed the order, they changed their Shipping Policy page and added a line saying that tile can only be insured if delivered to the buyer's address. That line was not there previously, and I have the original Shipping Policy page saved on my hard drive.

Thank you.
 


justalayman

Senior Member
I want to know if the tile company was being truthful with me (about me picking up the tile making it impossible for them to file a damage claim) and if I can sue them in court to get the other half of the value of the broken tile.
who cares? The sellers liability is not based on what they might get from the trucking company. Either they are liable, the trucking company is liable, or you are liable. Without reading your contracts, it is impossible to determine.

but no, picking up the shipment at the depot does not remove their ability to make a claim BUT since there is not going to be proof of the trucking companies culpability, they are not going to pay on an unprovable claim. Even with the new policy it wouldn't relieve them of liability, if there is culpability.

So, how were the tiles damaged? Your best guess as to what happened to damage them. You say the shipment packaging and such so you are the best source for a guess as to why they were damaged.
 

Frizzle

Junior Member
So, how were the tiles damaged? Your best guess as to what happened to damage them. You say the shipment packaging and such so you are the best source for a guess as to why they were damaged.
Hi, thanks for the reply.

I really can't have a 'best guess' as to why they were damaged. How can I know?

Maybe the pallet fell off the back of a truck, the boxes bounced off the pallet, and the trucking company wrapped a bunch of shrink wrap around it and re-strapped it down to conceal the damage?

Or maybe this online tile company took my money and sent me banged up boxes to begin with, hoping in the end I would just give up and not try to get my money back?

I can't know for sure.

The trucking company gave me half my money back as I said, so should I go after them for the other half? or should I have not filed a claim with the trucking company at all and instead gone after the tile company first?

I'm new at this :) I don't know what to do.
 

BL

Senior Member
Hi, thanks for the reply.

I really can't have a 'best guess' as to why they were damaged. How can I know?

Maybe the pallet fell off the back of a truck, the boxes bounced off the pallet, and the trucking company wrapped a bunch of shrink wrap around it and re-strapped it down to conceal the damage?

Or maybe this online tile company took my money and sent me banged up boxes to begin with, hoping in the end I would just give up and not try to get my money back?

I can't know for sure.

The trucking company gave me half my money back as I said, so should I go after them for the other half? or should I have not filed a claim with the trucking company at all and instead gone after the tile company first?

I'm new at this :) I don't know what to do.
So you are around 1/2 tiles broken and 1/2 compensated for by the trucking Co.

Order the other 1/2 with the compensation from the trucking Co. and this time have them delivered .

Or would you beleive that you should be compensated for the good tiles as well ?
 
Last edited:

justalayman

Senior Member
Hi, thanks for the reply.

I really can't have a 'best guess' as to why they were damaged. How can I know?

Maybe the pallet fell off the back of a truck, the boxes bounced off the pallet, and the trucking company wrapped a bunch of shrink wrap around it and re-strapped it down to conceal the damage?

Or maybe this online tile company took my money and sent me banged up boxes to begin with, hoping in the end I would just give up and not try to get my money back?

I can't know for sure.

The trucking company gave me half my money back as I said, so should I go after them for the other half? or should I have not filed a claim with the trucking company at all and instead gone after the tile company first?

I'm new at this :) I don't know what to do.
well, if you can't even venture a reasonable guess, that simply means you will not be successful in suing anybody. Take what ya got and buy what you need with what the trucking company gave you.
 

Frizzle

Junior Member
So you are around 1/2 tiles broken and 1/2 compensated for by the trucking Co.

Order the other 1/2 with the compensation from the trucking Co. and this time have them delivered .

Or would you beleive that you should be compensated for the good tiles as well ?
No what I meant was they gave me only 1/2 the value of what was damaged, not half the value of the whole order.
 

OHRoadwarrior

Senior Member
So their compromise was the estimated cost of the tile, to the tile company, as if the tile company had filed a claim. That seems a fair compromise, based on your assertion there was no visible damage for them to base a claim on. I suggest you sue the supplier or eat the balance. The supplier can replace the tile, without taking a loss, at the settlement amount the trucking company gave you.
 

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