linkedin

2023-01-13 10:47:22 By : Ms. River Lee

Click here for updates on this story

    ATLANTA (WANF) — Most consumers don’t think about liability when they purchase new furniture, an appliance, or a bed. If the delivery crew damages a new mattress, you request a new one.

But what if the delivery crew damages an expensive item in your home?

Since July 2021, a Marietta couple has been trying to get someone to take responsibility for damaging their disabled son’s $4,000 chairlift.

“The installer who came to replace the chair said that he sees it frequently, and it’s usually caused by someone leaning on it or falling into it,” Claudette Enners said.

Claudette and her husband, Rich, blame the crew that delivered their new king-sized bed from Mattress Firm. Claudette was home alone with their son Kevin, and she said one man removed the old bed while the other brought in the new one.

“I stayed upstairs because I wanted to stay out of their way,” Claudette Enners said. “I heard a lot of huffing and puffing, I heard a lot of ‘bing, bang, boom,’ but I did not see it.”

Claudette Enners said when she went downstairs and saw the damage, she confronted the crew but says a crew member instructed her to call Mattress Firm. A chair lift installer determined that someone bent the metal shaft with so much force that it stripped a bolt and damaged the securing plate.

She said a Mattress Firm representative referred her to the outside vendor who was contracted to make the delivery. Mattress Firm declined to comment on this story.

Mattress Firm assigned the delivery to a small company called Diverse Logistics. The Enners were shocked again when they learned the mattress delivery was reassigned to another vendor, 4 Rosedale LLC.

4 Rosedale LLC’s insurer, Canal Insurance, denied the Enners’ claim. “Our insured says that it did not damage the Enners’ chair lift and the Enners have no evidence to the contrary,” the company said.

Atlanta News First convinced Canal’s legal team to review its investigation. The Enners also provided the insurer with a statement from the chair lift installer.

A mattress, by itself, would not cause the damage. However, a person’s body weight would. If the delivery people leaned into the stairlift chair, whether carrying a mattress or not, it would cause damage. It is not uncommon for this to happen. – 101 Mobility

But Canal Insurance stuck with its original decision to deny the claim.

“The letter from 101 Mobility did not change that,” Canal Insurance said in a statement. “I hope you understand that it’s simply not fair to ask us to assume that our insured is lying in order to pay the claim. Canal certainly has sympathy for the Enners family, but we also owe it to our insured to believe them in the absence of any evidence that they damaged the chair lift.”

The Enners filed a claim with their home insurer. They recently learned their claim was approved and were told their insurer would seek damages from the responsible party.

Here are the takeaways for large deliveries:

Ask the delivery crew if they are contracted vendors. If they are, ask for proof of insurance and require the crew to inspect for any preexisting damage and document the damage in writing. Watch the delivery crews carefully and if you do witness damage, document it with video, and require the crew to contact the delivery service.

Please note: This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.

ABC 17 News is committed to providing a forum for civil and constructive conversation.

Please keep your comments respectful and relevant. You can review our Community Guidelines by clicking here

If you would like to share a story idea, please submit it here.

Terms of Service | Privacy Policy | Community Guidelines | KMIZ-TV FCC Public File | FCC Applications |

Do Not Sell My Personal Information

Breaking News Severe Weather Daily News & Weather Updates Contests & Promotions