If my carpet was ruined by professional cleaner, how to get him to replace it?

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If my carpet was ruined by professional cleaner, how to get him to replace it?

Asked on January 19, 2012 under Business Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

You could sue the carpet cleaner for negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable carpet cleaner would have exercised under the same or similar circumstances to prevent foreseeable harm).  In order to prove negligence, you will need to prove duty (of due care) mentioned above, breach of duty (failure to exercise due care by damaging the carpet), actual cause, proximate cause and damages.

Actual cause means but for the carpet cleaner cleaning your carpet, would the carpet have been damaged?  If the answer is no, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening acts which would relieve the carpet cleaner of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit for negligence against the carpet cleaner.  Your damages would be the cost of replacing the carpet.  You will need to mitigate (minimize) damages by selecting a replacement carpet comparable to the one that was ruined.  If you were to select the most expensive carpet you could find as a replacement, your damages would be reduced accordingly.

Depending on the value of the carpet, you may be able to file your lawsuit in Small Claims Court.  Your damages, in addition to the cost of replacing the carpet, should also include court costs such as the court filing fee and process server fee.


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