Legal Question in Consumer Law in Florida

civil law

a man is sueing my husbands irrigation business saying a system he installed 17 years ago cut an underground cable and caused property damage to a few indoor appliances in June 2007. My husband has serviced the home in the past few years but cannot remember if he was the company that installed it. He gave the gentleman his insurance agents phone # but apparently they got into a heated conversation which made the situation worse. The agent then phoned my husband and said he doesn't have the type of insurance that will go back 17 years. My husband suggested the customer file a homeowners claim, but he either doesn't want to, or maybe doesn't have any. We're only talking about $2000 - $2,500. What would you advise your mother to do???


Asked on 7/17/07, 8:20 pm

2 Answers from Attorneys
Paul Aiello Bennett Aiello

Re: civil law

Find out the length of the warranty that your husband gave when he installed the system. For obvoius reasons, it's rare that anyone warrants mateials and work so long.

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Answered on 7/17/07, 8:25 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: civil law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Seventeen years is well past any warranty period or statute of limitations under Florida law. Furthermore, if your husband did anything wrong, the cable would most probably have been cut long before. The man can sue if he wants (as anyone can), but I doubt he will get anywhere or if the suit will even survive a motion to dismiss.

If my mother was involved, I would advise her not to get upset but to contact an attorney when and if a suit is actually filed to represent her in the action.

Scott R. Jay, Esq.

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Answered on 7/17/07, 9:13 pm


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