Washer Flooded Apartment...Appliance Company Liable????

[floodedman]

What is the name of your state (only U.S. law)? Kentucky

I purchased a used washer from a local appliance company that came with a 30 day guarantee. It worked fine for a week, then I noticed a leak. After fighting with the company to send someone out they spent all of 3 minutes, changed one hose and ran off. I observed for about 5 hours didn't see any leaks. I came home 4 hours after that and it was niagra falls in my apartment. All the carpet is going to have to be replaced. The company refuses to come out again saying that it is ridiculous to spend that much time and gas on me not being able to change out a hose....They changed the hose, then this happened. Obviously the problem isn't a hose, and this machine is still within 30 days.

Is this company liable for the water damage??? I'm having to pay a restoration company to get the water out, dry the apartment, and then all the carpet will have to be replaced.

 

[justalayman]

first, read the guarantee or warranty. It may specifically exclude consequential damages.

then, unless you know why there is water all over, you really don't know if any party in particular might be liable for anything. Figure out why you have water all over first, then we'll see if anybody might have any liability. I will say that more than likely, they do not have any liability here but check out the cause of the water and we'll explore it more.

 

[floodedman]

The cause of the water is the washing machine. Specifically in the area of the hose the install guy replaced a few hours before this. If you are implying it could be from something other then the washer....100 percent impossible.

As far as the warranty goes, I have never been given anything with fine print. Only the receipt which states 30 days guarantee on service and labor and 90 days on parts.

 

[justalayman]

floodedman;3058152]The cause of the water is the washing machine.

that's like saying the cause of the damage of a house that burned was the fire. There is something specific that caused the water to leak.

Specifically in the area of the hose the install guy replaced a few hours before this. If you are implying it could be from something other then the washer....100 percent impossible.

are you saying it could be the hose? That isn't part of the washer. Maybe he forgot to put a sealing washer in the hose. That wouldn't be the washer (and actually would make it the installers fault). You need to know why the water leaks, specifically.

.

Only the receipt which states 30 days guarantee on service and labor and 90 days on parts.

Ok, have you asked the store if they would like to pay the cleaning bill by check or cash?

that always stirs them up. It also gets their position on the matter very quickly. You will either get a: check, send us the bill and we will take care of it or; we are not liable for consequential damages and it isn't our fault anyway because [12 different reasons].

 

[tranquility]

I observed for about 5 hours didn't see any leaks.

Because of this, we know we're not talking about a tort or anything like that. Sometimes, things fail.

That would leave a contractual remedy. The sales contract talks of this through the warranty. That is where your remedy lies. I suspect, without reading, the warranty will limit the damages they will pay for to repair or replace the washer. Not to repair and replace the floor and carpet and the kitty that was killed or my broken hip because I came into the room and slipped and all other damages. (As justalayman said earlier, there is probably going to be a specific disclaimer for such consequential damages as well.)

 

[floodedman]

that's like saying the cause of the damage of a house that burned was the fire. There is something specific that caused the water to leak.

are you saying it could be the hose? That isn't part of the washer. Maybe he forgot to put a sealing washer in the hose. That wouldn't be the washer (and actually would make it the installers fault). You need to know why the water leaks, specifically.

.Ok, have you asked the store if they would like to pay the cleaning bill by check or cash?

that always stirs them up. It also gets their position on the matter very quickly. You will either get a: check, send us the bill and we will take care of it or; we are not liable for consequential damages and it isn't our fault anyway because [12 different reasons].

I am saying there was a leak, suspected to be the hose. So he replaced the hose with doing zero troubleshooting with a new hose. Then it turned crazy after a while. At this point, not knowing anything about washers, and not actually using the washer when this happened. I have it narrowed down to the valve thingamajig that the hoses attached to. I should further point out that all the hoses are products that the company provided.

 

[floodedman]

are you saying it could be the hose? That isn't part of the washer. Maybe he forgot to put a sealing washer in the hose. That wouldn't be the washer (and actually would make it the installers fault). You need to know why the water leaks, specifically.

I also want to be clear we are talking about a small local business. The seller of the product, owner of the company, install guy, and repairman.....all the same person.

 

[justalayman]

I am saying there was a leak, suspected to be the hose. So he replaced the hose with doing zero troubleshooting with a new hose. Then it turned crazy after a while. At this point, not knowing anything about washers, and not actually using the washer when this happened. I have it narrowed down to the valve thingamajig that the hoses attached to. I should further point out that all the hoses are products that the company provided.

so, when you said this before:

I observed for about 5 hours didn't see any leaks

there were no leaks and now magically that hose is bad (and this is the second one?)

I'm not trying to give you a hard time but you REALLY need to find out what the problem is to determine if there is any liability on the store.

I am a bit mechanically inclined so let's see if we can walk through this a bit and maybe figure something out. Are you able to look at the water valve (on the washer) or move the washer to where you can observe it? If so, let's get to work.

Given the fact you observed the thing for awhile and observed no problems, I suspect it isn't the hoses. They would leak more when the washer is not running that when it was (as long as you aren't one of those anal people that shuts off the water valve (at the wall) every time you aren't using the washer).


You say you observed the washer for about 5 hours and observed no problems. Do you mean while using the washer or with it just setting there?

Do you have a municipal sewer or are you on a private septic system? Is this a replacement washer or you didn't have one prior to this? If a replacement, how long ago did you last run the old washer?

 

[floodedman]

so, when you said this before:

there were no leaks and now magically that hose is bad (and this is the second one?)

I'm not trying to give you a hard time but you REALLY need to find out what the problem is to determine if there is any liability on the store.

I am a bit mechanically inclined so let's see if we can walk through this a bit and maybe figure something out. Are you able to look at the water valve (on the washer) or move the washer to where you can observe it? If so, let's get to work.

Given the fact you observed the thing for awhile and observed no problems, I suspect it isn't the hoses. They would leak more when the washer is not running that when it was (as long as you aren't one of those anal people that shuts off the water valve (at the wall) every time you aren't using the washer).


You say you observed the washer for about 5 hours and observed no problems. Do you mean while using the washer or with it just setting there?

Do you have a municipal sewer or are you on a private septic system? Is this a replacement washer or you didn't have one prior to this? If a replacement, how long ago did you last run the old washer?

Are you reading what I actually type or are you just one of those guys that post in forums shooting down everyone looking for information.

I already stated I WASN"T USING THE WASHER.

I already stated IT IS OBVIOUS IT IS NOT THE HOSE SINCE IT WAS REPLACED.

I already stated I BELIEVE ITS THE VALVE THE HOSES ATTACH TO. (on the washer).

 

[justalayman]

Are you reading what I actually type or are you just one of those guys that post in forums shooting down everyone looking for information.

I already stated I WASN"T USING THE WASHER.

I already stated IT IS OBVIOUS IT IS NOT THE HOSE SINCE IT WAS REPLACED.

I already stated I BELIEVE ITS THE VALVE THE HOSES ATTACH TO. (on the washer).

hey, I offered to help with this although it is way beyond the legal issue. If you want MY help, maybe it's you that needs to adjust the attitude. I ask questions to clarify. If you don't want my help, then I guess I'll not bother trying. Enjoy your washer...

beyond that, if you are so damned sure it's the valve, call the store and tell them that. If they won't fix it, read your guarantee/warranty for any limitations of remedy it may list. If none, sue the folks in court for the repair. Given the situation, it is unlikely you can make a sustainable claim for the clean-up, especially since it sat for 5 hours with no leakage and then, while you weren't there, it mysteriously leaked all over the place. Personally I would blame it on elves (you know, like the elves that came and made the shoes for the cobbler while he slept) although some people might blame the sock gremlins (you know, those guys that steal your socks when you put them in the dryer) due to the proximity to the dryer but I don't believe in sock gremlins. It's got to be the elves.

 

[floodedman]

hey, I offered to help with this although it is way beyond the legal issue. If you want MY help, maybe it's you that needs to adjust the attitude. I ask questions to clarify. If you don't want my help, then I guess I'll not bother trying. Enjoy your washer...

beyond that, if you are so damned sure it's the valve, call the store and tell them that. If they won't fix it, read your guarantee/warranty for any limitations of remedy it may list. If none, sue the folks in court for the repair. Given the situation, it is unlikely you can make a sustainable claim for the clean-up, especially since it sat for 5 hours with no leakage and then, while you weren't there, it mysteriously leaked all over the place. Personally I would blame it on elves (you know, like the elves that came and made the shoes for the cobbler while he slept) although some people might blame the sock gremlins (you know, those guys that steal your socks when you put them in the dryer) due to the proximity to the dryer but I don't believe in sock gremlins. It's got to be the elves.

Thanks for destroying my thread. I really appreciate it. You keep asking things over and over that I keep stating. You will also note, I already stated THERE IS NO FINE PRINT. PAPERWORK STATES 30 DAYS FOR LABOR AND SERVICE AND 90 DAYS FOR PARTS.

 

[ecmst12]

And until you find out for sure, then our ability to advise you will be limited. Don't yell at us because you have not yet obtained all the necessary information.

 

[floodedman]

And until you find out for sure, then our ability to advise you will be limited. Don't yell at us because you have not yet obtained all the necessary information.

What information would you like me to find out? There is no detailed warranty, this wasn't bought from Sears. It is a local 30 day warranty from a small business.

"30 Day Warranty and 90 Days for Parts"....thats the warranty. I read it, there you go.

Now, knowing that, can anyone actually offer some advice....or maybe I should ask the sock elves?

 

[justalayman]

What information would you like me to find out?

what is leaking. Not what you suspect or think is leaking but what is actually leaking.

and they are sock gremlins. The elves do shoes.

 

[floodedman]

what is leaking. Not what you suspect or think is leaking but what is actually leaking.

and they are sock gremlins. The elves do shoes.

The part that the hose screws onto on the back of the washer. That is what is causing the problem. It is a part on the washer. I am now 100 percent sure.

However.....

We seem to be off track. Im more concerned about the carpet then the washer. Im concerned with the subsequent damage because of this one man show, who isn't very good, and caused this to happen.