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Bed delivery/assembly guys rip brand-new mattress...what's their liability?

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Junior Member
I'm in San Jose, California. The mattress was bought and delivered by a different company, but hadn't been put on the bed because the bed company had a failed delivery (a broken part), so the mattress had nowhere to go but my floor when it arrived. On the bed company's second visit, they thought they had succeeded, so offered to put the mattress on the bed. Then they realized the bed was still malfunctional and removed the mattress, it ripped it in the process--as one of the bed guys had left a screw 1/4 inch unfastened/un-flush, which then tore through the mattress and ripped it when it was hauled off the bed.

The boss of the company says it's like a car accident, so they'll pay repairs not buy "a new car" (replacement mattress) for me. What do we think of his analogy? Though his face looked guilty and nervous, he went on the offensive, and called me a scammer for suggesting they replace the mattress.

I'm skeptical about this "mattress repair," and its ability to satisfactorily seal a rip that's about the size of a palm (on the mattress' underside). Am I unreasonable to expect them to replace the brand-new mattress, which was still in the plastic until they took it out and ripped it?
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Senior Member, Non-Attorney
Who arranged the shipment? If the store you bought it from arranged the shipment of the new item from their shop to your place, and it was damaged in transit, then they are likely on the hook for it. Talk to the shop.


Junior Member
The bed guys (who ripped the mattress) have always been from the bed store, whose owner I'm now negotiating with. (The mattress guys--from a different store--have always been excellent in everything.)

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