Legal Question in Real Estate Law in Florida

Advertisement flyers damage property

A silly, yet annoying, problem: A nationally franchised pizza chain left a flyer in the front door handle of our house while we were away. When we returned, a storm had drenched the flyer leaving it stuck to our door. When we removed the paper, a 1 inch by 3 inch permanent ink imprint of part of the flyer was left on our door. It can not be removed without scratching the paint. Is there anything legally we can do to have our door repaired or keep companies from leaving flyers there in the first place?

Thank you.


Asked on 8/13/03, 1:40 pm

2 Answers from Attorneys

Darren Inverso Norton, Hammersley, Lopez & Skokos, P.A.

Re: Advertisement flyers damage property

Silly but interesting. you would be better off tracking down a corporate office and trying to get "compensated" for this issue. Maybe cost to fix or maybe pizza coupons. Either way, I suggest making contact before any sort of law suit. If you were to sue, it could be argued that it is foreseeable that the flyer was going to get wet and cause you damage, therefore they are liable. I wouldnt hold my breadth.

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Answered on 8/13/03, 4:22 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Advertisement flyers damage property

Well, you could simply paint over the ink spot. Alternatively, assuming you are able to find a lawyer willing to take your case (assuming it can be deemed a case), you can spend a few hundred dollars for a legal consultation and another few hundred dollars having the lawyer prepare and file a lawsuit in small claims court, and then more money serving the lawsuit on the pizza company's registered agent, all in the hope of forcing the pizza company to paint over the ink spot. You cannot file a lawsuit against God or the clouds in the sky for making it rain. Good luck with your silly problem.

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Answered on 8/13/03, 2:26 pm


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