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If a bedding company sold me a wrong mattress and literally spit in my face what court, civil part and how much can I win?

Brooklyn, NY |

Despite of photos that I have sent them to prove and video I made of the mattress and physical and mental suffering, they decided not calling back. I am myself a disabled, cannot afford to loose like that. I am really in trouble right now. I haven' t slept normally for many month. What are my options? Cannot pay, but need a risky atterney!?

Attorney Answers 4

  1. What is a "risky atterney"? Contact the state attorney general's consumer affairs office. Ultimately you can also sue the seller and the manufacturer.

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  2. I doubt that you will find a lawyer to take your case on contingency. First, the mattress is a breach of contract claim so it's only worth what you paid. Second, while spitting on you is gross there isn't much in damages.

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  3. The spitting is a civil assault and compensiblie if proven, and the damages can vary depending upon how outrageous a jury may think it is. If you were lying in your bed helpless and you were taunted and spat upon, it might be significant, but probably not as much as you think. Consult an attorney on the personal injury aspect and file a complaint with the Attorney General's office, though they will tell you to hire a private attorney often.

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  4. Depending on the value of the mattress you could probably choose between the Small Claims court and the Civil Court. I believe in the Small Claims you may get a lot of help as a pro-se litigant. The spitting, on the other hand cannot be answered that easily. When? Where? Who?

    The aforementioned answer should not be construed to replace the advice of a legal professional, given after a thorough inquiry into the facts and allegation in this case. The aforementioned answer is for informational purposes only.