Legal Question in Civil Litigation in Texas

negligence in small claims court?

A plumbing company working next door snaked through my pipes, causing flooding in my house. They then installed faulty pipes, causing a second flooding. They are only willing to pay the hard costs of the repairs. Is negligence allowed in small claims court? Am I allowed compensation for the work I had to miss while the repairs to my home were being made? (8 days of repairs) Are punitive damages allowed for the 3 months of inconvenience since I have not had use of my living room and dining room? I do have videotapes of the mess. Can I use them in small claims court?


Asked on 4/20/05, 8:28 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: negligence in small claims court?

Small Claims is for money damages to a limit of $5,000.00. The basis for the damages is immaterial, whether in tort (negligence) or in contract. Whatever proof you can show to the court you can use in Small Claims.

If you want to show the court videotapes, you'll probably have to provide the equipment to show the tapes. But check with the court clerk to see if the court has such equipment you could use at the hearing.

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Answered on 4/20/05, 9:50 am


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