So who is going to be on the hook?

Jurisdiction
North Carolina
Yes the screen handle is correct, when your feel your mattress is not right and should be replaced under the tenants of the warranty a 3rd party service provider conducts the inspection, and I am a subcontractor for one of those providers who is assigned the task. We are neutral and impartial. We do not represent the retailer or manufacturer nor are we consumer advocates. Yes many consider us industry stooges but considering I have been in about every aspect of the bedding industry with over a decade of experience I can attest this is not the case.


I have performed in this segment of the industry for just over a year, and I have inspected about 1000 beds covering a extremely broad territory. Recently however I have had a couple of incidents occur which I need guidance on. And I probably have hamstrung myself with how i initially reacted, and i think you may be surprised on what I would just as well see happen as potentially toxic to me as it could be to myself.

These incidents occurred in different states and one of which is for something that is alleged to have occurred after the inspection process was completed.

In both cases my classification which would on both cases serve as valid reasons for denial of the claim was followed by the final determining party to in fact deny the claim. It probably is driving the issue with one but probably not on the other.

In one case part of the alleged damage I do feel responsible for though the conduct of the consumer has to be taken as a contributing factor. If the old bitty had not been braying in my ear and if the overall condition of her bed frame had not been in such disrepair as to affect how I was moving her product then the situation most likely would have been avoided. Then again this woman called for an inspection for a issue I just could not find any evidence of, in fact the only thing I could find was a stain six inches in diameter brown in composition which probably was from sweat as this woman lives in a dilapidated antebellum home with no AC smack dab in the center of the palmetto State.

On the 2nd the consumer is trying to say that because I opened outside door too quickly when leaving it caused a hole in this sheetrock which I do not recall happening at all, and to which my brother (who is a superior court judge) states is something the guy should have said something about right then and there and not a week and a half later when he learned he was not getting a new mattress for his million dollar beach house due to having the bed on a broken frame. Oh and this guy also tried to claim that I was leaking antifreeze on his driveway which is a gross misstatement as if I had I doubt I would have made it the four hours back home much less the last two weeks that have followed

First off if either of these folks think the retailer/manufacturer is responsible they are I assure you sorely mistaken. Now the service provider could just well deal with this and take it out of my earnings, but why should they do a solitary thing? I am the one who was there, I am the sub, let them come on after me, not like they would ever really get anything out of me because hey I HAVE NOTHING. and in both cases, particularly with the sheetrock guy this would cost them much more than it would myself.

But the question is who would be the defendant if there was to be any sort of litigation? And what is the best tact to take with my office? Calling either of these people is completely out of the question. Personally I think that they should just call these people's bluff and wash their hands of the situation, just tell them that if they have an issue they need to pursue then it will be with the sub and the sub only. I have to wonder if a beef in SC or NC could even be filed against them.

Thoughts!
 
Your answer is most likely in your contract with the primary company. What does your agreement say about liabilities for damages? I would expect it to be in there somewhere since you are going into people's homes, and I would expect it to put the responsibility on you.

I would not anticipate anything happening in either case though. People get mad for awhile then they tend to go away.
 
The laptop I had my copy of my agreement on got a cracked screen ( ,and I no longer have the email original, personally I do prefer to just tell these people off myself, but I will call the office tomorrow and hash it out
 
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