Bed collapsed and caused injury due to defective design

[mthidemann]

What is the name of your state (only U.S. law)? Kansas

In April, I sat on my bed and it collapsed causing back and neck pain. I am still dealing with pain and it has not been determined what the cause is.

Background: The bed was purchased in July of last year from a large furniture store. It was delivered and assembled by delivery people from the store. The bed is a king size sleigh type bed with wooden slats instead of a traditional frame and box spring. There are 15 slates and two supports in the middle from two slats to the ground.

First Incident: The day after receiving the bed, my wife sat on the bed and heard a crack. We took the mattress off and two of the slats had broken and the bed was not usable. I called the store and they said that it would be over a week before someone could fix the bed or we could pick up new slats at the store and install them myself. We have small children and did not feel safe having this broken bed for a week so I went to the store and got the new slats. The slats were installed that night per the instructions provided in the packaging.

Second Incident: In April, I sat on my wife's side of the bed (same area that broke before) and the bed collapsed under me causing the mattress and myself to drop two feet and land in an awkward position. I had neck and back pain after I got myself out of the bed. I went to the ER that night, but after waiting an hour, the pain was too much and I decided to visit my primary doctor the next day. After xrays and a CT scan, my doctor concluded that it was probably muscular in nature. I also visited a chiropractor for two visits with out any relief.

Pain: I am visiting a pain specialist today for an evaluation. The pain has limited my mobility and functionality. I can not take long walks as it hurts with in five minutes of starting. It hurts when I sit for long periods of time (I work 12 hour shifts sitting 99% of the time) and it has effected my work performance.

Store and Manufacturer's response: The store picked up the bed and their determination was that it was a defective product and it was returned to the manufacturer. I did visit the store to look at the bed. The sales rep stated that there was not a weight limit and he had never heard of any of the beds breaking. I investigated the store model and it was modified (as opposed to the one I had purchased) with slats that were closer together and screws in every slat (as opposed to every third slat on mine). I realize that some of the modifications are because it is a floor model but it shows to me that there was a known issue with the design of the bed. The manufacturer is investigating to see why it failed but I have not been told of the determination. The insurance company for the manufacturer offered a settlement today but it does not adequately cover my medical bills. My concern was that there was not a provision for future issues and medical bills that could arise from this injury. Prior to the incident, I did not have any back related issues.

Questions:
Before I seek an attorney, Do I have a case against the store and manufacturer?
What damages should I seek? The store gave me a refund for the bed but did not offer to provide another one. I had to purchase a new bed out of pocket.
I am still in pain and my quality of life has been effected by this.

Thanks in advance for your response.

Mike

 

[tranquility]

While it seems you may have a case, design defect product liability is not going to be cheap to prosecute. See an attorney who may estimate your settlement range. Be sure to calculate the attorney costs from the total to see what you may end up with. I suspect you don't have much in provable damages and it would be better to do a little negotiating with the insurance company, but, local experience with juries in similar cases are important to know for sure. This case may be one where paying by the hour is cheaper than getting an attorney on contingency. (As long as the OP is going to be reasonable in his demands rather than seek an overcompensating payment.)

Info edit:
If there is a manufacturing defect (the store determined it was defective), there will be less experts involved in litigation so it would be a lot cheaper to prosecute.

 

[Adam G]

Dont settle anything before you get a handle on what your injury is.

 

[CJane]

The sales rep stated that there was not a weight limit and he had never heard of any of the beds breaking.

I am certain that the manufacturer would not agree with the "no weight limit" assertion that the sales rep made. I would even be willing to bet that somewhere on the bedframe is a label which indicates the maximum weight capacity for the bed frame/rails. This would include the mattress/foundation as well.

 

[Dkinglaw]

file a case against vendor as soon as possible

 

[latigo]

QUOTE=mthidemann;3062431]What is the name of your state (only U.S. law)? Kansas

In April, I sat on my bed and it collapsed . . . . . Mike[/QUOTE]

[SUP](More worthless trivia)

Not to make light of this “other kind” of bedroom tragedy, but …

I’m reminded of an episode on the long running (1950-1967) and years of reruns of the popular Sunday night NBC TV show, ‘What’s My Line” where the secret occupation of the guest was the manufacturing of mattresses.

The first question out of the syndicated New York columnist Dorothy Kilgallen’s alcoholic, prissy, puckered mouth was:

“Is your product used more by one sex over another?”

______________________

Also, what may be of some slight interest to the like feeble minded is the once appearance of Kentucky’s “Colonel Sanders” - in his full regalia of white suit, hair, goatee, black string bow tie, etc. –

But none of the celebrity panelists guessed that he made his living as a “chicken fryer”. *


[*]Not a “fryer chicken” mind you, which the panel might have guessed as a layer of eggs, but a “fryer of chickens”. [/SUP]

 

[Just Blue]

QUOTE=mthidemann;3062431]What is the name of your state (only U.S. law)? Kansas

In April, I sat on my bed and it collapsed . . . . . Mike

[SUP](More worthless trivia)

Not to make light of this “other kind” of bedroom tragedy, but …

I’m reminded of an episode on the long running (1950-1967) and years of reruns of the popular Sunday night NBC TV show, ‘What’s My Line” where the secret occupation of the guest was the manufacturing of mattresses.

The first question out of the syndicated New York columnist Dorothy Kilgallen’s alcoholic, prissy, puckered mouth was:

“Is your product used more by one sex over another?”

______________________

Also, what may be of some slight interest to the like feeble minded is the once appearance of Kentucky’s “Colonel Sanders” - in his full regalia of white suit, hair, goatee, black string bow tie, etc. –

But none of the celebrity panelists guessed that he made his living as a “chicken fryer”. *


[*]Not a “fryer chicken” mind you, which the panel might have guessed as a layer of eggs, but a “fryer of chickens”. [/SUP][/QUOTE]

Is Wednesday a Ky Bourbon night?

 

[latigo]

[SUP](More worthless trivia)

Not to make light of this “other kind” of bedroom tragedy, but …

I’m reminded of an episode on the long running (1950-1967) and years of reruns of the popular Sunday night NBC TV show, ‘What’s My Line” where the secret occupation of the guest was the manufacturing of mattresses.

The first question out of the syndicated New York columnist Dorothy Kilgallen’s alcoholic, prissy, puckered mouth was:

“Is your product used more by one sex over another?”

______________________

Also, what may be of some slight interest to the like feeble minded is the once appearance of Kentucky’s “Colonel Sanders” - in his full regalia of white suit, hair, goatee, black string bow tie, etc. –

But none of the celebrity panelists guessed that he made his living as a “chicken fryer”. *


[*]Not a “fryer chicken” mind you, which the panel might have guessed as a layer of eggs, but a “fryer of chickens”. [/SUP]

Is Wednesday a Ky Bourbon night?

[SUP]Wednesday? I never drink mid-week unless especially thirsty. (What day is it now?)

___________________________

The Beamer banished? Caught chewing gum in class, I suppose.[/SUP]

 

[Laura Conner]

I have the same problem

I purchased a bed from a large, well known furniture store and, six weeks after it was delivered, the foot rail snapped in half in the middle of the night. I was sleeping with my head toward the footboard and I fell back-first onto our hardwood floor. I wonder if the original poster purchased his item from the same store?

Although I did not have back problems prior to this incident, I am in constant pain and numerous visits to my physician aren't helping. To make matters worse, I commute to work in a city an hour away but I can't look over my shoulder to change lanes without seeing stars.

The furniture company should have known that the $ 399.00 bed, which appeared to be made of wood veneers over particle board, would not hold a $1600.00 mattress that we purchased from the store during the same transaction. After the incident the bed was replaced and supports were installed beneath the mattress to hold it up - one support already appears to be failing.

I don't want to gouge the furniture company's insurance representative, however, the company and the bed manufacturer are responsible. I would appreciate any feedback; I would especially like to know if the initial poster purchased a similar bed from the same store. Thanks in advance.

 

[TheGeekess]

I purchased a bed from a large, well known furniture store and, six weeks after it was delivered, the foot rail snapped in half in the middle of the night. I was sleeping with my head toward the footboard and I fell back-first onto our hardwood floor. I wonder if the original poster purchased his item from the same store?

Although I did not have back problems prior to this incident, I am in constant pain and numerous visits to my physician aren't helping. To make matters worse, I commute to work in a city an hour away but I can't look over my shoulder to change lanes without seeing stars.

The furniture company should have known that the $ 399.00 bed, which appeared to be made of wood veneers over particle board, would not hold a $1600.00 mattress that we purchased from the store during the same transaction. After the incident the bed was replaced and supports were installed beneath the mattress to hold it up - one support already appears to be failing.

I don't want to gouge the furniture company's insurance representative, however, the company and the bed manufacturer are responsible. I would appreciate any feedback; I would especially like to know if the initial poster purchased a similar bed from the same store. Thanks in advance.

I'm willing to bet OP will not be back.

If you have a legal question, please start your own thread. You are not only HIJACKING, you are also NECROPOSTING.