Legal Question in Consumer Law in West Virginia
liability of store after a purchase
I made a purchase from a furniture store. When I picked the furniture up, they loaded it onto my truck and strapped it on. A piece of the furniture blew off of the truck and was destroyed on the drive home. Is the store liable for this in any way?
1 Answer from Attorneys
Re: liability of store after a purchase
I assume from your remarks that the furniture was damaged because the store employee improperly tied it down. This would constitute negligence in my opinion and also could constitute a breach of the contract of purchase, if loading was contemplated by the parties or if loading is the custom and practice of the store. Depending on the value of the furniture, you could air your claim in Magistrate Court with minimal cost and time investment. The store may elect to make good their mistake without litigation. I never his harmful to try to work it out with the other side.
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