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What options would I have if a defective TV stand broke my TV and other expensive electronics?

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simplepinoi177

New member
What is the name of your state? What options would I have if I purchased a TV stand (online, but live in California [if it makes a difference]), assembled it exactly according to the instruction manual, and without any external force/stimulus (earthquake, draft, etc.), the TV stand broke (wooden legs collapsed/broke, or glass tabletop cracked/broke) causing the TV to fall and break, as well as break all the other electronics it was holding; Audio-Video Receiver (AVR), Speaker(s), video game consoles (4; Playstation 3, Xbox One S, Playstation 4 Pro, Nintendo Switch), UHD HDR BluRay disc player, modem, router, cable box, various movies/Bluray Discs, etc.?
If it's pertinent, damages would be upward of $6,500 USD (TV=$3.5k+, AVR=$800+, speakers=$600+, consoles=$1k+, movie disc player=$100+, router[ASUS RT-AC5300]=$300+, etc.). Also, everything was weighed beforehand and confirmed that the TV stand unit was rated to hold the cumulative and precise (top layer rated 135 lbs., middle shelf 50 lbs., etc.) weight.
I acknowledge there probably isn't many options, and there would be much (maybe too much) in the way of proof -- like "proving" it was assembled properly and correctly and still broke, the fact that it wasn't assembled by a "professional", or that the various electronics did not weigh beyond its capacity, etc. -- but I also can't imagine this hasn't come up before and/or there isn't some precedent...
 


Mass_Shyster

Senior Member
Your options are limited by the express warranty that came with the stand. Most sellers disclaim damages for consequential damages, which precisely defines what you are looking for.
 

adjusterjack

Senior Member
1 - Your damages aren't likely to be upward of $6500 unless all your equipment was brand new. If it was used you'd be entitled to the Actual Cash Value = Replacement Cost less Depreciation. Pretty much Craigslist prices for used equipment.

2 - Warranty disclaimers don't necessarily trump product defect. If they did, no manufacturer of anything would ever lose a lawsuit based on products liability.

3 - Unfortunately, this is not something that's covered by homeowners or renters insurance.

No guarantees, of course, but I suggest you approach the manufacturer's corporate people about your claim. I hope you took photos of the mess and the damage before you cleaned it up.
 

adjusterjack

Senior Member
Products liability generally requires personal injury.

Products Liability Insurance addresses Bodily Injury Liability and Property Damage Liability because both happen regularly. A defective heater burns your house down, a defective tire wrecks your car, a defective washing machine floods your house. That's just a few examples of property damage from defective products.
 

PayrollHRGuy

Senior Member
What does anyone want to bet it would cost more than $6500 to prove that a user didn't install or put it together wrong?

I also have an issue with the original question.

the TV stand broke (wooden legs collapsed/broke, or glass tabletop cracked/broke) causing the TV to fall and break,


This sound real hypothetical.
 

Mass_Shyster

Senior Member
Products Liability Insurance addresses Bodily Injury Liability and Property Damage Liability because both happen regularly. A defective heater burns your house down, a defective tire wrecks your car, a defective washing machine floods your house. That's just a few examples of property damage from defective products.
Those would be negligence claims, not Products Liability.
 

adjusterjack

Senior Member
Those would be negligence claims, not Products Liability.

Products Liability claims ARE negligence claims. The machines aren't sentient. They have no capacity for negligence. That's a human quality. Somewhere during the manufacturing process somebody did, or failed to do, something that resulted in the defective product being delivered to the end user. Maybe a faulty component, maybe a faulty assembly, maybe a faulty installation. But negligence in the process led to the product malfunctioning for which the negligent party is liable, hence Products Liability.
 
What is the name of your state? What options would I have if I purchased a TV stand (online, but live in California [if it makes a difference]), assembled it exactly according to the instruction manual, and without any external force/stimulus (earthquake, draft, etc.), the TV stand broke (wooden legs collapsed/broke, or glass tabletop cracked/broke) causing the TV to fall and break, as well as break all the other electronics it was holding; Audio-Video Receiver (AVR), Speaker(s), video game consoles (4; Playstation 3, Xbox One S, Playstation 4 Pro, Nintendo Switch), UHD HDR BluRay disc player, modem, router, cable box, various movies/Bluray Discs, etc.?
If it's pertinent, damages would be upward of $6,500 USD (TV=$3.5k+, AVR=$800+, speakers=$600+, consoles=$1k+, movie disc player=$100+, router[ASUS RT-AC5300]=$300+, etc.). Also, everything was weighed beforehand and confirmed that the TV stand unit was rated to hold the cumulative and precise (top layer rated 135 lbs., middle shelf 50 lbs., etc.) weight.
I acknowledge there probably isn't many options, and there would be much (maybe too much) in the way of proof -- like "proving" it was assembled properly and correctly and still broke, the fact that it wasn't assembled by a "professional", or that the various electronics did not weigh beyond its capacity, etc. -- but I also can't imagine this hasn't come up before and/or there isn't some precedent...
Just how big/heavy was your TV to completely destroy so many expensive electronic items, and how did it manage to hit all of them together?
 

FlyingRon

Senior Member
With all that stuff he may have exceeded the weight capacity of the table. Having a hard time with $3500 for a TV. I paid $2000 for my 80" Sharp four years ago and they're much cheaper now.
 

simplepinoi177

New member
Yeah...I kinda "figured" along the same lines as with all of your comments...but I would still like to address and/or add unto them nonetheless...so please allow me some leeway and I beg your pardon for making a really big post, but I'd like to reply/quote (to keep "continuity") and there is much to respond to...



Your options are limited by the express warranty that came with the stand. Most sellers disclaim damages for consequential damages, which precisely defines what you are looking for.

"Consequential damages", huh... And, I figure that's where the "rub" is...it would be most difficult (probably impossible) to prove that it was assembled correctly and exactly as their manual states, and still breaks -- which I believe would make their product "defective" -- but I would think that, by them manufacturing a defective product and it causing damages, the blame should/would be on them. But, again, when it gets down to proof, that's where all the trouble (on my side) would be/is...

1 - Your damages aren't likely to be upward of $6500 unless all your equipment was brand new. If it was used you'd be entitled to the Actual Cash Value = Replacement Cost less Depreciation. Pretty much Craigslist prices for used equipment.

2 - Warranty disclaimers don't necessarily trump product defect. If they did, no manufacturer of anything would ever lose a lawsuit based on products liability.

3 - Unfortunately, this is not something that's covered by homeowners or renters insurance.

No guarantees, of course, but I suggest you approach the manufacturer's corporate people about your claim. I hope you took photos of the mess and the damage before you cleaned it up.

Yes, unless the damage somehow caused a fire, and unless it's theft, I figure I wouldn't be able to go homeowner's/renter's insurance. And, I had already doubted I could go the "warranty" route as that's not really what a "warranty guarantee" is meant for; which is why I had the term "defective" in mind... But, believe it or not, it is all new; which is why I consider it even more annoying/frustrating. I can provide all receipts as I just upgraded my whole home-theater system last November (11/2018)... If it needs to be itemized; (*note: please keep in mind that everything was purchased new, but in November '18, so current prices do not reflect that number...) Denon AVR X3400H ($600+), Elac C6.2 (speaker) ($250+), Asus RT-AC5300 (router) ($300+), Xbox One S ($250), Playstation 4 Pro (not the regular PS4; Pro is $400+), Nintendo Switch ($300+), PlayStation 3 ($250+), plus rented cable box and modem in which I would have to pay the cable TV company back for their equipment, as well as the various movies and games that were within the "shelving"...All purchased in late October/early November of last year with receipts...

What does anyone want to bet it would cost more than $6500 to prove that a user didn't install or put it together wrong?

I also have an issue with the original question.

This sound real hypothetical.

Yeah, again, that's what I'm figuring. That is why you see me asking this on free advice, ask legal, type forums... I'm sure if I (somehow) didn't have to concern myself with proof, I would just bring this up to an actual attorney/lawyer...

And, concerning your issue... this is the internet; moreso, a forum...even moreso, a "free advice" forum... everything and anything can sound and be "hypothetical"... but what of it? Is the question still not valid and worth exploring? Is there not things to learn, regardless? And, as towards the concern, I wouldn't know how to "prove" it to you, in any case....But whether if I could or not (and did or not), isn't it still just as much as any topic worth exploring?

Just how big/heavy was your TV to completely destroy so many expensive electronic items, and how did it manage to hit all of them together?

My TV is big, but not heavy. It is 82-inches, but LED so it's less than 110 lbs. And, as previous stated, the tv stand is rated to hold up to 135 lbs. on the top shelf (although, full disclosure, it does state it's for 65" as well...). But, as you would see with most/all 65"+ tv stands and cabinets, the top shelf where the tv goes is usually maxed at 135 lbs. (I found this out when researching to find said TV stand). And I will say this; it states in the manual what is the weight capacity at each shelf level, and I rather painstakingly weight each and every component and device to make sure it wouldn't exceed it.
The type of tv stand is a wooden tv stand with glass (tempered) panels for the shelving. Unfortunately, because of the glass being "tempered (which, I believed was supposed to be a good, "fortunate" thing; in which that fact makes it stronger and more capable), as the glass shatters/breaks and/or the wooden parts merely "buckled", the tv, glass (remember, it is tempered so it is quite heavier and breaks in bigger pieces and would cause more damage), and just the devices plain falling causes its own the damage. It would be the TV and router on top, speaker and consoles in the middle, and AVR and other consoles on the bottom; so the ones on the bottom shelf gets it the worse with the TV, glass, and speaker all falling down unto it.

With all that stuff he may have exceeded the weight capacity of the table. Having a hard time with $3500 for a TV. I paid $2000 for my 80" Sharp four years ago and they're much cheaper now.
I meticulously and rather painstakingly made sure the weight would be within its stated capacity. The instruction manual states what the weight capacity for each shelf is; the top being 135 lbs. and 50 lbs. for the other, lower shelves.
I believe you would be surprised, and it (possibly) being 4 years since you have purchased a TV, I can understand the misunderstanding... pretty much all 80"+ LED TV's are over $3k. And, based off of info from this year's CES, there will be LG and Sony OLEDs that are above 80-inches that would cost more than 5 figures ($14,000+ I believe I've read)... But, as I don't know if these things go the way of "driving the car off the lot" type reasoning where you lose almost "half the value", the $3.5k is how much I had to pay to purchase it. But, also to verify what I've been saying, the tv I am speaking of is my Samsung QLED 82" Q6F (QN82Q6FNAFXZA). As I stated, it was purchased new in November (not Black Friday), so it was $3.5k then...



Again, I beg your pardon as this is a huge post, but there was much to address. Also, I wanted to make note that I acknowledge that "warranty" wouldn't really be a good, logical route to go about since there is further, external (to the product) damage that was caused more by "defect"/being "defective" than it not lasting as long as it should type of reasoning...
But I do appreciate all your responses, information, and consideration in even just reading all of this and then still responding...
Thank you. Please, keep them coming...
 

adjusterjack

Senior Member
But I do appreciate all your responses, information, and consideration in even just reading all of this and then still responding...
Thank you. Please, keep them coming...

I think you've gotten all the education your going to get regarding products liability claims for damage to other property, especially the link I posted earlier.

Now it's time to approach the manufacturer with your claim and see how it goes. If you get shot down you have to decide if you want to sue.
 

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