Legal Question in Consumer Law in Virginia

Do I have cause?

Here's my situation. A jeweler made repairs to a diamond setting (prong) two times. We noticed that the first repair was failing after a month and a half. We returned to the jeweler for another repair. After second repair and within about three weeks, the repair failed, the diamond came out of setting and is now missing. The prong failure was at the exact same location of both repairs-- this was confirmed by the jeweler. Jeweler has admitted to a mistake by not recommending a whole new setting at the time of the second repair. This is exactly what another jeweler said should have been done when consulted about the situation.

The jeweler has since offered to replace our missing diamond with a lesser quality diamond even though they originally said it would be equal or greater in quality.

They now contest the quality of the missing diamond as stated in our appraisal and have offered this lesser quality diamond. Additionally, they did not show us any quality documentation for the replacement diamond. This is not an acceptable solution for us.

We feel entire fault lies with the jeweler and repairs should have held. Ring is 15 years old and no problems til now. Do I have cause for small claims court in Virginia?


Asked on 9/19/06, 1:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Do I have cause?

Yes, of course, you have a cause of action against the jewler for his alleged faulty repair

job. The real question though, is whether you will be able to marshall the proof necessary to support your claim and win your case in small claims court.

The jurisdictional limit for small claims court in Virginia was recently raised to $5000 as of July 1, 2006.

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Answered on 9/21/06, 6:44 pm


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