Legal Question in Consumer Law in Illinois

We purchased a walk-in tub for my mother in August 2010. She has since passed away and this tub is a huge problem. Firstly it was installed incorrectly, resulting in water damage to the kitchen ceiling which is directly below the bathroom. The company (a husband and wife team) who we purchased it from admitted that it was installed incorrectly (the installer, as we discovered after-the-fact, was not a plumber, but a drywall installer, unlicensed). The husband said he would pay for the labor charges associated with removing the tub, so we purchased a regular, standard bathtub and left it at Home Depot for the plumber to pick up. However, it's still sitting at Home Depot because the wife half of this business refuses to pay for the labor to remove the tub (although she has acknowledged on numerous occasions that the faulty installation was their problem). Is there legal action I can take against this business?


Asked on 3/24/11, 10:16 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. I can understand your frustration with this situation. You do have a legal remedy. You could file a lawsuit against the company for damages. It is important that you get at least two estimates as to how much it would cost to correct the problem. The cost of repair is the amount that you should claim in your lawsuit. Also you must mitigate your damages. In other words, you should take necessary steps to make certain that the situation does not become even worse. I suggests that you have the repairs done by another company and then file the lawsuit against the first company to recovery your costs. I suggests that you get an attorney. Of course I have no way of knowing whether you had a written agreement with the company, but based upon your question here, I suggests that you file a lawsuit.

Read more
Answered on 3/24/11, 9:54 pm


Related Questions & Answers

More Consumer Law questions and answers in Illinois