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Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Recently, I purchased a king size bedroom set which was sold

Resolved Question:

Recently, I purchased a king size bedroom set which was sold as "brand new" from a furniture dealer in California. The manufacturer of the bedroom set is Ashley.

After the furniture set was delivered, I noticed the bed wasn't pushed up all the way against the wall so I pushed it forward about one inch. Then, I turned around and got down on my knees to tighten the bed frame itself when suddenly the 150 pound headboard came crashing down on top of me, hit me on the back of the head, and knocked me out cold.

It turns out that one of the legs of the headboard had been previously repaired unbeknownst to me, and there was an extra brace on the repaired leg which was the same leg that broke causing the headboard to collapse. There was no brace on the other leg. My guess is either the manufacturer repaired it and tried to sell it as new to the dealer without their knowledge or the dealer repaired it, and tried to sell it to me as new or a combination of both.

The furniture dealer initially tried to imply it was somehow my fault so they sent someone out to take a look at it, and they ended up replacing the bed.

However, since that time I have endured numerous problems as a result of suffering a concussion. I've had blurred vision, ringing in my ears, hearing loss, memory loss, etc. I've been diagnosed by a neurologist and am having a hearing test tomorrow.

My intent is to file a lawsuit for obvious reasons, but I haven't yet contacted a lawyer as of yet.

Should I try and work something out with the furniture dealer who sold me the furniture, should I try and contact the manufuacturer Ashley or should I immediately hire an attorney?
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney here to assist you

It's worth trying to resolve this informally without an attorney first. However, most people don't take a demand serious unless there's an attorney involved.

Nevertheless, I would recommend that you make a demand and tell them that it you have to hire an attorney and sue, the demand will be much higher.
Customer: replied 5 years ago.
When you say "make a demand" what specifically do you mean? Also, should I contact the furniture dealer who sold it to me or the manufacturer who made it? The problem is that I don't know who is really at fault (the dealer or manufacturer) or if they are both at fault.
Expert:  Roger replied 5 years ago.
Making a demand means demanding money to forgo suing.

I would recommend that you send both the manufacturer and retailer a letter demanding money or face being sued.
Customer: replied 5 years ago.
What is a fair amount or reasonable in my situation?
Expert:  Roger replied 5 years ago.
Now that I can't tell you. It depends on whether or not you have any medical expenses, lost wages from missing work, etc. If so, you can demand all that plus some number you thing is reasonable.. If not, you don't have any documented expenses. In that case, you would have to demand some number you'd be happy with.

I nor any attorney could likely tell you an exact amount. You just have to be happy with a demand.

If you have to sue, you would demand more because of the negligence in selling a defective product.

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