Legal Question in Product Liability in California

Can I sue in small claims to recover property damages

We bought a whole house water filtration system in Sept.-02. The tank blew up and flooded our garage in Jan.-03. The company promptly replaced the system, but would'nt talk about any reimbursement for lost belongings or time lost at work. Aug.-12,04 it blew up again. I'm angry.

Manufacturer in Ohio. Dealer in So. Cal. Manfacturer says it's the dealers problem. Dealer is willing to replace system again, but is unwilling to reimburse for lost belongings or work. at this point..$1300-$1500 conservativly. Manfacturer liable for property damages/lost wages? Dealer Liable?

Warranty states not responsible for incidental, consequential, or secondary damages, but that some states do not allow these limitations. Do we have a chance of recovering damages in small claims? Can we force refund of the purchace price and damages? At this point we would like to be rid of this company, but would also like to recover the cost of the system. It wasn't cheap. Not too keen on having the garage flooded again.

We do feel for the dealer. He's installing the product as delivered, but manufactuer is totally unconcerned with our problem.


Asked on 8/19/04, 10:04 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can I sue in small claims to recover property damages

In a true products liablity case you can sue everyone in the distribution chain, i.e., manufacturer, wholesaler, and retailer. Call me directly at (619) 222-3504.

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Answered on 8/20/04, 6:36 pm


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