QUESTION

Can I sue an online tile retailer for the value of tile that arrived damaged?

Asked on Jan 09th, 2013 on Consumer Law - New Jersey
More details to this question:
I ordered ceramic tile from an online retailer. The delivery company called me to set up a time to deliver, but I asked if I could pick it up myself after work from their warehouse, since it is near my home and I didn't want to take time off of work. They said yes. Tile was on a small pallet wrapped with a lot of shrink wrap. I could see no visible damage. When I got it home and opened everything, I discovered that half the tile was damaged. The online retailer told me he would not refund my money because I picked up the tile instead of letting the trucking company deliver it in front of my home. I contacted the trucking company and they would only refund me half the value of the damaged tile. Can I sue the online retailer for the other half of the money? Or is it true, that since I picked up the tile, that the online retailer no longer has any responsibility to help me? They claim to be located in Pennsylvania, and I am in NJ. Thank you.
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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you can sue the online retailer for the damaged tile. the problem is that the legal costs may exceed the value of the damaged tile. you should sue in 'small claims court'.  ed dimon, esq.
Answered on Jan 11th, 2013 at 12:26 PM

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