Celebrating 10 years! 2007-2017

Do I have a case?

I recently purchased a storage shed for my backyard and sche david6198306/27/17
What state are you in? Did you get an estimate for the co isthisit06/27/17
I am in NY. No estimate yet. david6198306/27/17
Get one and send them a copy. They may pay up. If not, then isthisit06/28/17
I don't know if you have a case, but you might want to call plumber06/28/17
Get an estimate and send a letter. If no response and if yo jd4hire06/28/17
If you want to know if you have a case, contact a lawyer in sjlawyer06/28/17
The back of the receipt they gave me says in small print "We david6198307/20/17
They might have that language because they hired a 3rd party jeffm07/20/17
Thanks for the responses. However, yesterday while I was at david6198307/21/17
Don't forget mental anguish and punitive damages. jeffm07/21/17
Leave bad Yelp! And Google reviews. These are faster remedy vohod07/22/17
david61983 (Jun 27, 2017 - 9:35 pm)

I recently purchased a storage shed for my backyard and scheduled delivery date was today. Well it rained a couple hours before the delivery. This was a concern of mine as the delivery guys would be bringing a massive truck around my house on wet grass. They said not to worry as they do this all the time. Well now my backyard is destroyed with 4-5 inch ruts everywhere. Can i make them repair the yard?

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isthisit (Jun 27, 2017 - 9:46 pm)

What state are you in?

Did you get an estimate for the cost of repairs? It may not be worth the trouble/cost of filing suit.

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david61983 (Jun 27, 2017 - 9:54 pm)

I am in NY. No estimate yet.

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isthisit (Jun 28, 2017 - 9:54 am)

Get one and send them a copy. They may pay up. If not, then try small claims. Also read over whatever contract you signed with them for any terms and conditions. There may be something there concerning liability.

Was the company that delivered the storage shed contracted through the store? If so, give the store a call once you have your estimate or try their customer service line. They may reimburse you.

I bought a fridge through Sears like 2 years ago and the delivery guys they hired to deliver it for me dinged up my wall as they brought it up to the second floor kitchen. I b!tched at the sales rep and the customer service center people. Sears gave me a couple hundred back directly to my card as a further rebate on the Fridge to make up for it. I just hired a bad hombre to fix the wall and paint over it for a 20 spot and had a beer with him while he worked.

Point is, litigation should be your last option.

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plumber (Jun 28, 2017 - 8:56 am)

I don't know if you have a case, but you might want to call them and ask them to repair the damage. The least they can do is bring you a few yards of dirt and you can make the repairs yourself.

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jd4hire (Jun 28, 2017 - 9:38 am)

Get an estimate and send a letter. If no response and if you are angry enough, I'd go to small claims and file.

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sjlawyer (Jun 28, 2017 - 9:57 am)

If you want to know if you have a case, contact a lawyer in your jurisdiction. Alternatively, you can represent yourself pro se.

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david61983 (Jul 20, 2017 - 8:20 am)

The back of the receipt they gave me says in small print "We are not responsible for damage to property upon delivery." I honestly didn't even know it was there but I never signed anything. Does this mean I'm screwed in small claims court or would a NY court possibly not enforce it?

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jeffm (Jul 20, 2017 - 8:41 am)

They might have that language because they hired a 3rd party to deliver it. Also, you might have an argument that the language is unconscionable and inconspicuous.

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david61983 (Jul 21, 2017 - 7:34 pm)

Thanks for the responses. However, yesterday while I was at work they entered my yard without my knowledge or permission and filled in the ruts. And by filled in I mean with disgusting rock hard dirt full of rocks. My yard is pretty much destroyed now and much worse than they originally left it. Can I now make a claim for trespassing and destruction of property since I was never made aware of this? It probably added a thousand dollars to the repair bill.

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jeffm (Jul 21, 2017 - 11:29 pm)

Don't forget mental anguish and punitive damages.

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vohod (Jul 22, 2017 - 12:08 am)

Leave bad Yelp! And Google reviews. These are faster remedy producers than small claims judgments.

Source: I sue and "collect" tens of thousands of consumer and commercial accounts. Most judgments are only collected after years of skiptracing.

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