Legal Question in Construction Law in Virginia

I installed a reverse osmosis water filter unit in a kitchen cabinet. I followed all instructions and did what I think is a workmanlike job of it. There were no leaks after I installed it. The next morning, I found that one of the "quick connect" fittings had come loose and had leaked countless gallons of water into the cabinet and all over my new hardwood floor. I was able to get the leak stopped and the water cleaned up, but now, one week later, the floor is buckling and warping and appears water damaged. The product warranty says it is not liable for damage caused by the equipement but that doesn't seem right to me. Are they liable to fix my floor? Thank you for your opinion.

Mark


Asked on 5/11/10, 8:47 am

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

As is usually the case, the problem with your situation is PROVING what happened.

You seem to be suggesting that the "quick connect" fitting failed.

However, because you installed it yourself, it will be very easy for the manufacturer to say that you installed it wrong. Since no one was there it seems more likely to the average person that the problem was with the installation.

If you wanted to collect legally in a lawsuit or demand, you would have to prove "causation." That is you would have to prove that the cause of the spill was a defective quick connect fitting or a defective design of the quick connect fitting.

SO you would either have to produce the quick connect fitting which shows that it is defective, get some kind of evidence that there is a widespread problem with these fittings or get an engineer to testify that they are defective.

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Answered on 5/23/10, 8:32 am


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