Legal Question in Business Law in New York
I installed a furnace twenty years ago, and this persons house caught fire recently, and is sueing me for 200,000. They are claiming I have installed it improperly, I know it was not. I have seen the living conditions of this person, and it was not safe. Now I fear I will lose everything. What can I do?
3 Answers from Attorneys
If you installed it 20 years ago and the fire was recent, the likelihood of your having done something wrong is quite remote. If you have insurance you should contact your carrier and notify them of the claim. If not you should hire an attorney directly and deal with the lawsuit.
As a Franchise Attorney I agree with the other attorney answer. Did you enter into the contract personally, or as a business entity? These and other issues need to be considered. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Here is only a suggestion on what you can do until you hire an attorney: file an "Answer" and deny all allegations in complaint as to liability; assert theses "Affirmative Defense:" expiration of statute of limitations for breach of contract (if such is alleged) and expiration of any implied warranty and the expressed warranty if you actually gave a written warranty that has expired; and "negligence on the part of the plaintiff as to the cause of the fire."
If you believe that you cannot afford an attorney, do not ignore this lawsuit (at least you made the right move by posting your question to this website) and do your own research at your county law library (its a public place) and at the very least, meet with an attorney and pay for limited legal advice. P.S. Good job on the furnace an best wishes.
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