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

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.

They gave me 25 years warranty.

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Attorney answers 5

Posted

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, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney

Posted

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 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.

Asker

Posted

Yes I have seemed medical attention but I don't know if the back pain is caused from the bed I sleep or my spine surgery. It's just painful to wake up in pain! It takes me a2 hours in the morning to get my body working. I went on vacation last week and I slept at a hotel mattress and I woke up completely fine next day!

Posted

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.

Marco Caviglia

Marco Caviglia

Posted

There has been no information provided concerning the weight or prior related health status of this person, so it may be that either is a factor in all this.

Asker

Posted

I m 122 pounds so my weight wouldn't be an issue. Besides that though the mattresses are made for sleeping two people! So if it was a weight problem they should tell you upfront when you buy the product that fat people wouldnt be able to sleep on a mattress because it will get defective!!! seriously?

Marco Caviglia

Marco Caviglia

Posted

Yes, concentrated weight in a limited area may exceed the rated tolerance of the mattress. For example, some people literally weight 1,000 lbs.

Asker

Posted

Well that doesn't apply to my case. I think they have been giving me a used mattress every single time.

Posted

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

John P Corrigan

John P Corrigan

Posted

ah....finally some common sense!

Asker

Posted

Well I have tried 5 different mattresses!!!! I have common sense, I wouldn't pick the same exact mattress since the first one was defective...

John P Corrigan

John P Corrigan

Posted

Then read your post as you made it seem like you kept getting the same mattress....if you in fact had 6 different mattresses from 6 different mattresses then it is an entirely different issue then. What are the facts and be precise as to what was wrong for 6 different models if this is the case.

Asker

Posted

They all sink after 3-4 months for more than 2 inches every time. I had a spine surgery last year and the bed hasn't really been helping with my recovery. I feel when they exchange me for a new mattress they send me a used one every single time! I m sleeping by myself and I m 122 pounds , it's impossible to sink every single mattress. I never had that problem in my life before. Now I wake up with really bad pains in the morning.

John P Corrigan

John P Corrigan

Posted

What does your doctor say about this? S/he must be able to recommend an appropriate bed that has been vetted by back surgeons facing similar patient issues like the one you have. If the Doctor cannot help you then speak with your health insurance company as they may have a knowledge base to tap into as well based upon similar patient complaints where insurance was footing the bill.

Posted

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 licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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