If the builder who built my home offered to hang the wall mount for my new TV as a favor but was negligent in doing so, what is my best legal recourse?

The crew he had perform the work did not use the correct anchors and bolt I provided and as a result, when I hung my television it immediately fell, struck my face leaving a 1″ laceration, and the TV was destroyed. How can I recover the cost of the damage, as he has refused to replace my TV?

Asked on August 14, 2014 under Business Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the builder for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable builder would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit against the builder, it may be possible to settle the case with his insurance carrier.  You have claims for property damage (the replacement cost of the TV) and a separate personal injury claim for the laceration to your face.

With regard to your personal injury, you should obtain your medical bills, medical reports, and documentation of wage loss when you are released by the doctor upon completion of treatment or upon the doctor declaring you to be parmanent and stationary which means having reached a point in your treatment where no further improvement is anticipated.

Compensation for the medical bills is straight reimbursement.  The medical reports will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If both of your claims (property damage) and personal injury are NOT settled with the builder's insurance carrier, file a lawsuit for negligence against the builder.  If one claim is settled, but the other is not, proceed with your lawsuit for negligence against the builder on the unsettled claim.

If you are dissatisfied with settlement offers from the builder's insurance carrier, reject the settlement offers and file your lawsuit for negligence.

If both your personal injury claim and property damage claim are settled with the builder's insurance carrier, NO lawsuit is filed.

If the case is NOT settled, you must file your lawsuit for negligence against the builder prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the case.  Your property damage and personal injury claims will each have a separate statute of limitations (different amounts of time for filing a lawsuit).


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