Legal Question in Consumer Law in Georgia

tv flew off back of truck

My brother-in-law recently purchased a 61 inch tv from circuit city. the sales man suggested that since he had a truck that he carry the tv home himself instead of paying a delevery fee. The tv was loaded onto the back of his truck by employees at the loading dock where the employee signed a reciept stating that he loaded the tv. My brother-in-law asked if it would stay put and he was assured that it would since it weighed 130 lbs. It did not however. It is now in a million little pieces... It flew off the back of his truck on the interstate. He has a police report of the incident and he went back to the store to talk to the store manager but couldn't get any type of answer as to what they would do for him.The manager tried to blam him for not asking for twine to tie it down with, to which my brother-in-law responded that he didn't load items for a living, the employees did.Is circuit city responsible for damages ie replacing the tv??


Asked on 2/04/07, 2:37 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: tv flew off back of truck

Circuit City, absent a written guarantee as to the safe loading, likely is not liable. (You could try suing in small claims court, but I suspect it's a weak case). They might, as a concession to customer, give some credit. Contact the CEO of Best Buy personally by mail (get his address on their website and be polite).

The loss MAY be covered by his homeowners insurance so he should check that.

Also, if he used a major credit card, SOME provide free loss protection. So check that first.

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Answered on 2/04/07, 11:44 pm


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