Legal Question in Consumer Law in Washington
Warrantee
I purchased a 2k foam type mattress from Relax the BAck Store - warranteed for 30 years against deforming (body impressions). The company - Stroeble (Canada) is saying the people they get the foam from is not honoring their product guarantee, therefore they would not honor our warantee. The Back Store doesn't do business with them anymore. Can you help?
1 Answer from Attorneys
Re: Warrantee
Washington has a consumer protection statute and honors the concept of the implied warantee of suitability for particular purpose. If the product is not performing up to your expectations, then you may have a claim against the retailer you purchased it from, and the supplier or manufacturer as well.
Whether you choose to file suit against them, jointly and severally, or just against the retailer is a decision you and your attorney can make. If you decide not to name the canadian company or their suppliers, the retailer can implead them and say the defects are the suppliers problem. It's called joint and several liability. The retailers choice of whether or not to do business with a supplier does not impact your ability to get relief over a product that at one time came from a given supplier.
Had they not done business at one time with that supplier, you would not be complaining. They can't escape the issue by changing their practices later.
Hope that helps. Washington's attorney general can be helpful with consumer complaints or you can look for an attorney who handles consumer protection issues.
Elizabeth Powell