You've just ordered new furniture and can't wait to see how it transforms your space. But when the pieces arrive, you notice that they're scratched or have a big dent. Well, don't panic because damaged furniture during delivery is a very common issue. The first thing you should do is contact the furniture company to see if they can resolve the issue. If they don't, then you can consider taking legal action.
Remember, you should act quickly because there is a legal time limit to file a lawsuit. For instance, the Maryland statute of limitations is three years, meaning you have three years to file a claim. If you need help reporting damaged furniture, then we're here to help you. Read on to learn the steps you should take if your furniture is damaged on delivery.
Steps to Take for Damaged Furniture Delivery
Assess the Damage
The first thing you should do is assess the furniture damage. Look for dents, scratches, or missing parts. Are they tiny scratches, or do they affect the structural integrity of the furniture? If you notice any issues, make sure to note them all before accepting the delivery.
Document Everything
Now that you've assessed the damage, the next thing you want to do is document everything. Take pictures or videos of the furniture from different angles, making sure the damage is visible. You should also take pictures of the whole furniture piece to highlight the extent of the damage. Finally, take photos of the packaging, especially if it appears damaged.
Contact Customer Care
After assessing and recording the damage, it's time to report it to customer care. Look at your retailer's website, receipt, or order confirmation email to find the customer service contact information. When you reach out, give them all the evidence you've gathered regarding the damage. You should try as much as possible to stay calm and explain the situation clearly. Inform them that you discovered the damage upon delivery. It's also important to give them your order number so they can follow up faster.
Once the customer care department receives your complaint, they should counter-check the information and resolve the issue as quickly as possible.
Follow Up and Resolve
The customer care team will guide you on the next steps to take. But if you don't hear from them, you should follow up to find out if they've made any progress.
What to Do Before Filing a Small Claims Lawsuit Against a Furniture Company
Before you decide to file a lawsuit against the furniture company, you should first make sure that you've exhausted all the options with their customer service team. Sometimes, the process may take too long, and the customer service agents might not be willing to solve the problem. If that's the case, then you should:
Send a Demand Letter to the Furniture Company
A demand letter is basically a formal letter to the furniture company asking them to resolve the issue. You can write a demand letter on your own, but it's best to let an attorney do it on your behalf. You should consider including the following in your demand letter:
- The items you bought from the furniture company
- The issue with the damaged furniture. You can give a detailed description of how the furniture was damaged, with photos and videos to back up your claims.
- How much would you like the company to refund you?
- Within how many days do you expect them to respond?
Review Your Contract
Before you proceed to sue the company, you should review your contract to see if there is a forced arbitration clause. Forced arbitration basically means that you should solve your issues through arbitration instead of going to court.
How to Sue a Furniture Company in Small Claims Court
Once you've exhausted all the options and are sure that you want to sue the furniture company in small claims court, then you can go ahead and follow these steps:
Step 1: Complete the Necessary Legal Forms to File
After sending your demand letter, the next step is filing a statement of claim. A statement of claim is a legal document you submit to the court to start a civil case. It formally notifies the furniture company of the lawsuits. This document should contain:
- The facts of the case
- The legal basis for the claim
- The damages or compensation that you're seeking
Step 2: Serve the Defendant
Once the court approves your claim, you should notify the furniture company that you're suing them. The specific documents you need to serve the company may vary from one state to the next, but in most cases, you'll typically need the following:
- A legal notice informing them that they're being sued and must respond within a certain time
- A document that shows your allegations, legal basis, and the compensation you're hoping to recover
- Copies of contracts, receipts, photos, or other evidence related to the case
- Some courts may require additional forms, such as affidavits or disclosures
Step 3: Prepare for Court
Small claims cases usually take less than 15 minutes. Therefore, you'll want to organize your evidence before the case begins. If you have any documents, bring the original and two photocopies. You'll give one copy to the judge and the other one to the furniture company. You should submit all the evidence and document copies at least 10 days prior to the hearing.
- Here are some of the evidence that you can use in court:
- Eyewitnesses who will testify on your behalf
- Receipts of payment made to the furniture company
- Photos and videos showing the extent of the damage
- Contracts or agreements between you and the furniture company
Get the Compensation You Deserve
Getting damaged furniture on delivery can be frustrating, but you can always resolve the issue by reaching out to the company's customer support team. However, if you don't get any response or if they are unwilling to compensate you for the losses, you can choose to go the legal route.
Remember, you don't have to walk through the process on your own. You can contact an experienced attorney to help you get the compensation you deserve.
