Legal Question in Consumer Law in California

Wood floors scratched by dishwasher installers

The dishwasher installers (contracted by a large home improvemen store) scratched our wood floors and now the large home improvement store wants to send another installer out to try to fix it. They have been very difficult, unprofessional and dishonest. Are we legally obligated to use their installer to fix it or can we insist on a monetary settlement to hire whomever we want to fix it? Thanks.


Asked on 3/30/07, 6:15 pm

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Wood floors scratched by dishwasher installers

There is no need to retain an attorney. You have several options:

1. Give them a chance. While they may be difficult, it sounds like they want to try to do the right thing. You can give them a chance.

2. You can call a contractor and get them to give you an estimate on doing the work. Then send that to the contractor who caused the damage and see if they will pay it.

3. If the damage is enough, you can file a claim with your homeowners insurance.

None of these options require an attorney. Good luck.

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Answered on 4/02/07, 2:54 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Wood floors scratched by dishwasher installers

This legal situation can be "tricky" at best. The liable party can be entitled to mitigate damages and/or make the necessary repairs at issue thru its contractor's negligence. However, if the liable party fails to cooperate or make the reasonable repairs properly, they would be liable to you for damages. You should retain legal counsel ASAP to help you resolve the situation immediately.

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Answered on 3/30/07, 6:41 pm


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