Skip to main content

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.

    We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in the Federal Courts of those states. The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  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.

    Feel free to contact me at (212) 577-9797 or by email at: Eric@RothsteinLawNY.com. I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  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.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  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.