dispute with walmart

[stillted]

I took my glasses back to walmart to have them adjusted. The lady broke the frames. she said they did not have the same frame in stock and would have to order a new one.The only had one frame that would fit my lens(for an emergency pair. A week later I received a call from them that they could no longer get that style of frame and that I would have to come in and pick out another frame(which they did not have ) or upgrade and pay the difference. Should they be responsible to fix the problem since they were at fault

 

[JohnMacek]

talk to the manager and try to resolve the issue out of court. if they refuse to deal, advise them of your intentions (to file suit). serve the corp headquarters agent for service of process in your state. if they damaged your glasses due to carelessness, they should be held liable for the replacement value.... i would think a clear headed, articulate conversation with the manager should clear things up. if not, i would file suit and pray (in addition to the replacement value of the frames) for any relief the court deems equitable , fair and just.

 

[presutin]

What I see here is the store trying to resolve this issue to the best of their ability. If they cannot get you the exact same frame you used to have, at least they are trying to give you the best replacement they can. What I would tell them is since they don't have the same frame is that you would not pay for an upgrade since they were at fault. A manager with common sense would see this as a good compromise. If you decide to take this to court, you will probably pay more in court fees than the frame is worth and only to recover in court the amount you originally paid for your original frames. Good Luck!