Legal Question in Construction Law in Kansas
Liability
I replaced a part on a garage door that was broken with the exact replacement part the manufacturer sent. This same part broke again about 6 months later, severely damaging the garage door. Am I liable for replacement of the garage door?
1 Answer from Attorneys
Re: Liability
It depends. If your contract with the owner of the garage door stated you were only replacing the part and that you were not responsible for inspecting the entire door mechanism, then you likely would not be liable. However, if you held yourself out as a garage door repairman, then you may be liable. It would depend on if the part was defective or if the part was incorrect for the door. It sounds like there was some other problem that caused the part to break two times in 6 months. Have you or anyone else identified why the part would break twice? If the part is defective, then the homeowner should seek a claim against the manufacturer for the damage. If you don't get the situation resolved, I recommend hiring an attorney to assist you with the matter as liability in such situations is dependent upon many factors.