What can I do if I had a bed delivered but they deliver people damaged my floor?

We have called and called only to get the runaround. We have a claim number from their insurance company but they are dragging their feet. We need to get the floor fixed, but we are not getting any answers. Could I sue for damages?

Asked on September 7, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you may sue for the damages, assuming that they were at fault in some way in causing the damage--that is, that they were, for example, negligent or careless in moving the bed and that's how they damaged the floor. You could sue the individuals who caused the damage and their employer which may be any of the distributor, the retailer, or a third-party delivery service for the cost to repair. For costs equal to or less than the limit for small claims cases, filing in small claims court, acting as your own attorney "pro se" to save costs is a good option.


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