Can I sue for personal injury due to defective furniture?

by Sarita
(Parkton, NC)

My husband and I just purchased a bedroom set from a local furniture store. It was delivered and set up by the furniture store employees. I signed paperwork saying they delivered it.

A few days after delivery while we slept the wood brace closest to the headboard on our bed cracked and collapsed. My head got pinned by the headboard to where my chin was hitting my chest and now I have serious pain at the back of my neck. I hurt when I turn or situp.

Not only do I have pain but I have a broken bed that needs to be repaired. Can I sue the furniture store for delivering a faulty piece of furniture?

Visitor Question:
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ANSWER for "Can I sue for personal injury due to defective furniture?":

Sarita (Parkton, NC):

You certainly seem to have a solid claim against the furniture store. Before starting your claim you should go to the doctor and be fully examined to see if you suffered any serious injuries. If you did suffer some injuries those injuries will be the foundation of your claim against the store.

If the bed is broken the store should replace it. If it can be easily repaired then the store should send someone over right away to repair it.

From the facts you present if, after seeing a doctor, you haven’t suffered any injuries which will require further medical care, then your claim against the store can include the costs of the doctor’s bill and any out of pocket expenses or lost wages you incurred (if you had to take time off from work to see the doctor).

Out of pocket expense are usually nominal and can include parking fees while at the doctor, or these days, even a prorated amount of the gasoline you used driving to and from the doctor.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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