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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We bought the home theater system from Best Buy (Woodlands)

Resolved Question:

We bought the home theater system from Best Buy (Woodlands) which included 59" samsung plasma tv, 3D blue ray dvd player, av receiver and premium speakers. We also bought the 4 year warranty and the installation. The value of all of this is approximately $5800. The T.V. was installed and mounted on Sat 6/25/11 in the evening by the Best Buy (Geek Squad); the following night (Sunday), the T.V. fell and broke. Along with the T.V. breaking it caused damage to other players such as the 3D Blue Ray dvd player and AV receiver. It also stretched the wires. We thereafter have been in contact with Best Buy, Geek Squad, claim adjuster and Corporate office to solve this matter. It hasn't even been 30 days or better yet 7 days! According to the Warranty our T.V. should be replaced along with the other things that were damaged. However, no one has come out to check the damage or see the T.V. but the claim adjuster has made the decision that its not Best Buy's responsibility and that it was due to bad mount since we didn't buy the mount from Best Buy! This is not true because the mount is in perfect condition and rather the installation wasn't done properly. This is rather frustrating on our part because its clearly Best Buy's responsibility because the T.V. fell within 24 hours of installation. We have asked time and time again for Best Buy to come and see the T.V. and site to ensure that indeed it was an error in installation not a bad mount.
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

I am sorry that you are in this situation. Did the claims adjuster come to see the damage? Are you using your own adjuster or the one that BestBuy provided you with?
Customer: replied 5 years ago.
No one came to see the damge, however all this decisson were made on the pictures that I have sent them.And yes the claim adjuster is belongs to bestbuy.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In that case their adjuster has a vested interest to claim that they did not break or damage any of the items. I suggest that you obtain your own adjuster or simply file against BestBuy in your local small claims court for value of the items on grounds of negligence and breach of contract. If you can show that you did not once handle the items yourself but the damage was all caused by the agents of bestbuy (their GeekSquad unit), you will be able to prevail without difficulty. I do suggest that you contact them one last time, via a certified letter, in which you restate the situation, point to the warranty, claim negligence on part of the store, and possibly include an image of the mount showing that it was in perfect order. State that unless this isn't resolved within a limited period of time (for example 7 business days), you will resort to legal options. If they ignore you, consider doing just that and either pursue them personally through small claims, or retain counsel and have the attorney file on your behalf (and in this filing include legal fees and possible punitive damages for a bad faith breach on part of the store).

Good luck.
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