What to do if we purchased a washer/dryerwith expert installation but the installation was not completed and they damaged our home was damaged?

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What to do if we purchased a washer/dryerwith expert installation but the installation was not completed and they damaged our home was damaged?

The technicians came to my unit, inspected and measured the space and without notifying me that there could be any issues, they went ahead with the installation. The washer/dryer didn’t fit the place and there were also no connections for outside venting. In trying to fit the machines the technicians damaged my door and ceiling and they did not finish the installation because there is no vent. They say they will not take the machines back, unless I pay 50% restocking fee.

Asked on March 5, 2012 under General Practice, Maryland

Answers:

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

Answered 9 years ago | Contributor

You can sue the employer of the technicians for negligence.  An employer is liable for the negligence of its employees that occurred in the course and scope of employment.  Negligence is the failure to exercise due care (that degree of care in this case that reasonable installers 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 when installing the washer/dryer), actual cause, proximate cause and damages.

Actual cause means but for the technicians/installers installing the washer/dryer would your door and ceiling have been damaged?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening acts which would relieve the installers 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.  Your damages would be the cost of repairs to your door and ceiling and removal of the washer/dryer.  You will need to mitigate (minimize) damages by having the repairs to your door and ceiling made by a company whose charges are comparable to other companies in your area.  If you were to select the most expensive company you could find to make the repairs to your door and ceiling, your damages would be reduced accordingly.

Prior to filing a lawsuit, it may be possible to settle the case with the insurance company for the washer/dryer installers.  If the case is settled with their insurance carrier, NO lawsuit is filed.  If the case is NOT settled with their insurance carrier, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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