Truck damaged by heavy load sliding forward...do I have a case?

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bambi

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My husband and I purchased some laminate flooring from a flooring company today and as a result, our truck sustained some damage.

The pallet of laminate flooring was loaded onto our truck (about 1500 pounds). The guy loading put a large piece of LAMINATE sheet UNDER the pallet when loading (because the pallet wouldn't move when pushed further into the truck bed). The loading guy who operated the fork lift picked up the laminate sheet from a junk pile nearby the loading area. On our way home, the first time we braked (not hard…just a regular stop) the entire pallet slid forward on the laminate and now the inside front of the truck bed is bent pretty badly.

We went back to the store and showed them what happened. Both the guy who operated the fork lift and the assistant manager said that it was our fault for not having tied down the load somehow. The load was very compact, heavy and our bedliner had rubberized coating and have never had anything weighty slide around like that – we carried many a load as we have been renovating our house for the last four years and never had anything slide forward like that.

I have a feeling the store will stand firm and not take any kind of responsibility here. I'm just looking for some opinions here as just about everyone I know is telling me that I don't have a cause for complaint.

Am I being unreasonable for thinking the store has some responsibility here for loading such a heavy pallet on a slick laminated sheet and failing to remove the sheet?

Thanks!
 
This is a very difficult case. Typically the store will help you load onto your vehicle but isn't required to tie it down or be responsible. You could make an argument but I think it would probably be weak. Take a look at any policy the store may have.
 
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