Legal Question in Construction Law in California

I installed some drains under a kitchen sink a month ago. Today i was notified that the drain had came loose and flooded the kitchen. When i arrived to look it seems that someone had either loosened it to clean out the trap and not reinstalled it correctly or loosened it by placing itemes under the sink. I tested the sink several times before leaving the job and would never have missed a leak of this magnitude. My employee who is also a licensed contractor saw me test the sink and also saw that it was installed correctly. I'm I liable? She has turned it over to the homeowners insurance company and is insisting I pay the deductable or she will sue me. What should I do?


Asked on 4/18/11, 8:11 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The plaintiff has the burden of proof. Your contractor/employee presumably would be a credible witness. These are helpful factors. On the other hand, newly-installed drains normally don't become loosened and cause flooding. It would be guesswork to predict how a small-claims judge would rule. Liability depends upon negligence, and it looks like a tossup as to whether the client can prevail.

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Answered on 4/18/11, 9:12 pm


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