Legal Question in Civil Litigation in Pennsylvania
My company hung a door hanger on a neighborhood door. The owners of the home were evidently on vacation. The door hanger became stuck to the door. When the home owners came back from vacation and tried to pull the door hanger off the door, along with the hanger came their stain on the door. The homeowner's painter is stating the entire door must be restained in order to look the same again. The cost for the door is at least $350.00. Is my company obligated to pay to have the entire door restained?
1 Answer from Attorneys
I do not have all the facts. Why did the hanger get stuck to the door in the first place? And if the owner wanted a hanger, then why did they try to remove it? I am not sure why you are liable if you were not negligent in any way.
However, if you are liable or if you just want to be a nice guy, I would not just take the home owner's word for it. Offer to inspect the door and have your own painter there as well as the homeowner's painter. The whole door does not need restained, just the damaged area. The problem is that the newer stained area may stand out for awhile. If it would be too much of a shock, I can see why the homeowner would want the whole door done so it will have a normal appearance. They don't want a two-toned door. On the other hand, if the difference is only slight, it may not be all that noticeable and in time (say 6 months or so), everything might have been exposed to the elements and weathered enough so that the difference is no longer noticeable.
Another way to approach this may be to offer to have your own guy do the work if he can do it cheaper. The homeowner may not like this, but in such case, I would only offer to pay the cost of a reasonable paint job. If the home owner gets the most expensive guy in town, you should not have to pay for it.
I am not a painting and staining expert and the only way to know any of this is by having a meeting. If it is resolved that you are liable and that the whole door will in fact need to be done, get a release from the homeowner that they will relinquish any and all claims before you pay them any money at all.