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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am wheelchair bound and the company that provides my

Customer Question

I am wheelchair bound and the company that provides my wheelchair brought a chair that was far to big to operate in my house. It was to wide and steered from the front. My chair steers from the back. This made the chair almost impossible to negotiate in my house. Because of this I have big gouges in my hard cherry king size bed, the dresser, the door jams and other things. When they came and picked up the chair I saw that the arms of the chair could have been adjusted but this would not have made much of a difference. This was the second time that they came to get the chair for the same problem within three weeks or so. The first time they had the chair they had it for about 18 days because they said they had never seen a problem like that with the chair. The same problem occurred just two weeks later. There is around four to five thousand dollars worth of damage to articles in my home. The bedroom suite alone cost just over five thousand dollars when purchased. What can I do about this? I wrote down the model of the chair they brought to show how much bigger and how the different type of steering made it impossible to operate in a home. This chair was made for operation in a hospital or other type of institution not in a persons home. What can I do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Cape Coral Fl.
JA: Has anything been filed or reported?
Customer: No. Not at this time. I didn't know what I could do and one of my therapists said to check on line about small claims court or something because they thought they never should have brought a chair like that.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That should do for now. I haven't listed everything that was damaged though.
Submitted: 18 days ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 18 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 18 days ago.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 18 days ago.
I would like to know how I can file a claim against the company that brought the chair for me to use in my home. I have big gouges in my door jambs and my solid cherry bedroom suit as well. The chair that they brought steered from the front wheels and was to wide to use in my home. The damage that was caused was extensive and. I think that they should have known that the chair that they brought was for use in an institution not someone's home. What can I do about this situation. They should have never brought that chair especially after they had already supposedly fixed my chair just two weeks prior to this happening. Is this something that I can resolve in small claims court.
Expert:  Dwayne B. replied 18 days ago.

You can send them a demand letter, or better yet, hire a lawyer to send them a demand letter, but if that doesn't work then your only option is to file a lawsuit.

In Florida the small claims court limits is $5000. If your case is under that then you can represent yourself and file in small claims court.

The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders a judgment and a written order is entered.

That is the basic process of a lawsuit.

If you are going to represent yourself, you need to educate yourself on how to handle a lawsuit. There are a number of good and inexpensive ebooks at the link below. TO start the process I'd advise you to look at the one on small claims cases and on legal research. Later you may want to add some of the others:

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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