"Defective mattress" In 2010 I purchased from a very well known company a mattress for over $ 4000

Asked over 1 year ago - Brooklyn, NY

I ve purchased my mattress in 2010 from Sleepys , it supposed to be a high end mattress. A few months later I start having pains at night so I realized something was wrong with my mattress. They sent me a bed inspector and he found that my mattress was defective and it was sinking more than 2 inches. They replaced it with a new mattress. Since then the same thing is being happening for over six times. Every time they replace the mattress it lasts for two months and when the inspector comes its defective. I m tired of this nonsense! I have sustained a serious back injury from a previous accident and in 2012 I had a spine surgery. The defective beds they keep sending me doesn't help with my recovery and I m in pain every day. What can I do legally? Please help me.

Additional information

They gave me 25 years warranty.

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . Have you sought medical treatment?
    If you have a dignosed injury, a doctor would need to provide expert testimony at trial regarding causation. That would be expensive so it really depends on what the injury is.

    Have you asked for a refund?

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. James K. Lyder

    Contributor Level 11

    5

    Lawyers agree

    Answered . It is likely there is nothing wrong with the mattress given it has been replaced so many times or, if there is something wrong, it is a design defect that will just keep recurring no matter how many times they replace it. You need to try a different mattress. Contact Sleepys corporate office and explain the situation. Tell them you would like to come in and select a comparable new mattress for no further charge. Given the history here, and Sleepys' corporate image concerns, they might just do it, even if you're not entitled to it. Also, on a different note, if you wish to sue Sleepys for personal injury, please note, in NY, there is 3 year statute of limitations for doing so.

  3. Jonathan David Marx

    Contributor Level 14

    6

    Lawyers agree

    Answered . Have you had injury from the mattress, if so then you can bring a injury action, otherwise this is more of a contracts matter (edited the topics so proper attorneys can see and answer), good luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sounds like you should get a different type of mattress. I sleep on a tempurpedic, so i don't have these issues.

  5. John P Corrigan

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I don't understand why you would keep getting the same mattress 6 times as it obviously does not perform as expected after first few times. Tell Sleepy's the specs (detailed) you need for the back issue problem and have them do the research to find you an even better (and different) mattress given the aggravation you have gone through. If they are not willing to do so then sue them for the defective product and ask for your money back so you can go elsewhere to obtain what you need health-wise.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

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