Who is responsible for damage to your property - the store or the installer?
Question Details:
I purchased flooring from a local store and they sent out the installer with the floor, whom I did pay separately, and he damaged the new floor while installing. The installer said in writing that he would try and have it replaced by May '09 and now it is Nov '09. What are my options since the last time I called to get it resolved by the installer he was verbally abusive toward me? Is there a limit to my legal rights after a certain amount of time? This happened a year ago. Who should be responsible the flooring company that sent him out or the installer, and should I take them to court?
Business Law Answers
1) There are time limits to take action. You should still be ok, but if you are going to act, do it now!
2) If the installer was hired by the floor store, he was their agent and therefore they, as well as he, are responsible. You may sue either or both of them (both are recommended, to increase the chance of recovering).
3) If they do not voluntarily make good on the damage, suing is your only recourse to be compensated. Looping back to point one, if it's less than the threshold for your small claims courts, you might want to file a claim yourself immediately; if it's more than the threshold, you might want to retain an attorney and get the ball rolling.
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