Can you sue a monument company for a a botched up headstone?

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Can you sue a monument company for a a botched up headstone?

My dad (80 yrs. old) tried talking to them twice. There were 3 major errors. First was the etching of a photo of my mom and dad. They tried to fix it but it still looks terrible. They also messed up the choice of crucifix and the position and quality of another etching that we provided them with. Bottom line they are telling us they can’t fix it and that we just have to settle. The entire family is very upset as this is something that we will have to live with forever. We want a beautiful headstone for my mother and do not want to “settle” for something unsatisfactory at the cost of $3,000.

Asked on June 25, 2012 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is, what is meant by "botched up":

If they followed all instructions and the headstone is of acceptable commercial quality, then you would have no cause of action: you can't sue someone simply because you are not personally satisfied, if the product (the headstone) is as more-or-less good as the average product (headstone) out there.

On the other  hand, if the headstone is below generally acceptable commercial quality and/or they did not follow your instructions, when you may well have a legal cause of action.


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