Legal Question in Business Law in California
I own a home furnishing store and sold a wooden sculpture 6 months ago. Last week the client called to inform usthat her sculpture was invaded with termites. We offered to fix the problem and went to pick up her piece. It turns out they were not termites, but carpenter bees and they have built a hive inside her sculpture. The client is now concerned the bees have infested other parts of her home. Please let me know what my leagl obligation is to this client. Thank you
4 Answers from Attorneys
On the assumption that there is evidence that the bees took residency inside the sculpture AFTER you sold the item. it is my opinion that you have no liability. On the other hand, if the evidence is ambiguous or shows that the bees were inside the sculpture at the time of sale, that would be another matter.
By Grace...
Shawn Jackson ESQ. (707) 584-4529
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None, unless she can PROVE infestation was already in the piece and spread to her house. Even then, liability is difficult to establish.
I disagree with the responses of the previous attorneys. Why don't you avoid the hassle of a lawsuit in which you force her to prove damages, which can be expensive for you, and offer to replace the piece of wooden art with a noninfested piece, and pay for extermination if necessary? Are you sure you want to spend all your money on attorneys making a "federal" case out of it?
As a Franchise Attorney I basically agree with the other attorneys. It's not likely she will litigate against you, and if she does, this will be costly and difficult for her to establish any liability on your part. If a bee nest was there when you first sold it, you would have heard from her immediately - not six months later.It's really a judgement call on your part how you want to deal with this customer. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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