Damage to household property

Damage to household property
question

We had a bathtub reliner installed and while being fitted, it tore our wall liner. We gave him the OK knowing it could happen. The salesman did not inform us that this could happend. Are they liabile?

answer

Start like the nice guy first. Call them, explain what happened and see what they'll do. My mom always taught that you "catch more flies with honey then vinegar" -- you can always hire a lawyer later. If the Mr. Nice Guy/Gal approach doesn't work, read the contract and all the documents you signed. Maybe you'll get lucky and find some responsibility, although most likely the documents probably authorize them to destroy much of your house without liability. You could file a claim in small claims court (hiring a lawyer for the amount invovled may be tough). You might try calling your local bar association (as in lawyers not pubs) and see if they have an arrangement for referalls to new lawyers who might take on the case. Bottom line -- you knew what you were getting into so morally should they be responsible if they acted with reasonable care? If you knew, why sue? Just because there is a bad result doesn't mean they are responsible morally, even if you can convince the small claims court.

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