Defective home - Future injuries possibly

[ksu_aviator]

What state do you live in? Texas

I'm probably on the loosing side of this, but I was wondering what the liability would be in this case.

Last night the entire closet shelf/clothes rod for our master bedroom closet fell. The system was being used normally with only clothes on the rod and a few things (probably amounting to less than ten pounds) on the shelf. Having inspected the damage I found that the nails used to hold up the system where 4 penny nails that where not galvanized. The wood used to support the bulk of the weight was compressed wood at 2 x 1".

I have spoken with the city building inspector and he agreed that the shelf was not built to with stand normal use, but he also said that there is no regulation/law/code that would require the builder to use a specific size of nail or screw.

The builder has agreed to fix the shelving, but does not seem to be eager to correct the above errors. Also, they will not agree to make any changes to the other closet systems, all of which where installed in the same manner. I'm worried that the other closets will fail soon and possibly fall onto someone and hurt them.

So, can I file a claim in small claims to get all of the closets fixed appropriately or am I just on my own if they flattly refuse to comply with sensible safety standards?

 

[racer72]

What would be cheaper and a better use of your time, filing a lawsuit you have a 50/50 chance of winning or spending $10 at a home improvement store for better fasteners and fixing the shelves yourself? Also, a couple of things that make that 50/50 odds generous in favor, you can't sue for future potential problems that may never happen and you have a responsibility to mitigate any future problems that you are aware of. Plus you state there is no code or standard that the builder could be force to comply with. Let's make those odds about 15/85 in the builder's favor.