Legal Question in Business Law in California

Is a supplier liable for his defective product?

We purchased hardwood from a local supplier. Our installer installed the wood and began to finish it when stains appeared in the wood. The supplier has admitted that the wood is defective and has offered a minimal refund or new wood. My question is... Is the supplier liable for the $1500 it has cost us so far in installation fees, and is he liable for the money it will cost us to rip out this wood?... and if he refuses to remedy the situation is he further liable for the costs of the delays... i.e. the rent we are paying while living out of the house, etc.


Asked on 9/22/00, 1:26 pm

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

Re: Is a supplier liable for his defective product?

The type of damages you are seeking -- reimbursement of costs beyond the sales price -- are called "consequential damages" and this is a very fact-specific area of the law. In general, consequential damages can be recovered if that type of harm or injury was foreseeable by the seller of the defective goods.

Your case is stronger, therefore, if the seller knew what you planned to do with the wood, either because you informed him, or because that type of use is commonplace.

It is hard to assess your case without more information bearing on the foreseeability to the seller that this type of harm would result from this transaction. The seller may also have limited your remedies by fine print in the sales contract.

You might seek a free initial consultation with a lawyer that specializes in commercial law. However, because of the relatively small amounts involved and because winning isn't a slam dunk, you may want to consider taking the matter to small claims court yourself, perhaps after the aforementioned attorney consultation.

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Answered on 10/23/00, 4:34 am


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