Legal Question in Civil Litigation in Florida

Replacement of Item

The was an altercation in a local establishment resulting in a TV being slightly damaged. We were asked to replace this TV, which could have been repaired as easily. This cost us $450.00 and we wanted the old TV to offset our expenses but the owner refused to give to us. Can we bring a small claims against them. We feel we bought this ''damaged'' TV & the owner is double dipping by keeping both TV's.


Asked on 3/29/07, 8:57 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Replacement of Item

yes -- the TV becomes you when you provided a replacement.

If your car was totaled in an accident, the insurance company gives you a check for its value. They then get the car, you don't get to keep iy.

Same theory.

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Answered on 3/29/07, 9:18 pm


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