Legal Question in Consumer Law in Texas

II bought a mattress from a mattress store.The mattress was tied to my car roof by store employee.The mattress flew off of my car on the way home.I feel that the mattress wasn't properly tied causing severe damage.The store will not claim responsibility.They will not give me my money back or give me another mattress.I feel that they are liable becuse they tied the mattress to my car.Who do you feel is right and should I take them to small claims court.

Asked on 3/12/13, 4:51 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I don't know all of your facts, but: My guess is that you wouldn't be successful in Court (suing them for damages for their negligent tying of the mattress to your car). Arguably, you should have taken measures to make sure that the mattress was secure.

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Answered on 3/14/13, 3:25 pm

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