Ice Melt product ruined my driveway

[mklauner]

What is the name of your state (only U.S. law)? CA
I used an ice melt product on my 3 year old driveway and within 2 days, the top surface of the concrete peeled off. I contacted the company, who put me in touch with their insurance company and they refused to pay for the damages. The product is produced by a company in Kansas and I cannot sue an out of state company in California small claims court (cost to repair damages is about $8500). What are my options for recovering the cost to repair my driveway? Thanks in advance for any help.

[HomeGuru]

Originally Posted by mklauner

What is the name of your state (only U.S. law)? CA
I used an ice melt product on my 3 year old driveway and within 2 days, the top surface of the concrete peeled off. I contacted the company, who put me in touch with their insurance company and they refused to pay for the damages. The product is produced by a company in Kansas and I cannot sue an out of state company in California small claims court (cost to repair damages is about $8500). What are my options for recovering the cost to repair my driveway? Thanks in advance for any help.

**A: how did you get the product? If you bought it in CA you could sue in CA. File a claim with the AG office.

[mklauner]

I purchased the product at Home Depot. Are you saying I should sue the company that sold the product to me, rather than the manufacturer?

[HomeGuru]

Originally Posted by mklauner

I purchased the product at Home Depot. Are you saying I should sue the company that sold the product to me, rather than the manufacturer?

**A: you would file a claim against Home Depot as the store that sold you the product and force them to deal with the manufacturer.

[Zigner]

WHY did they refuse to pay? Did the product instructions say to test it on a small portion of the driveway (which you failed to do?)

[HomeGuru]

Originally Posted by Zigner

WHY did they refuse to pay? Did the product instructions say to test it on a small portion of the driveway (which you failed to do?)

**A: now you're getting somewhere.

[xylene]

Prove that theice melt did it, and not ordinary freeze-thaw as the cause of the spalling...

[HomeGuru]

Originally Posted by xylene

Prove that theice melt did it, and not ordinary freeze-thaw as the cause of the spalling...

**A: it could be bad concrete mix in the first place or a chemical reaction between the two.

[mklauner]

The company is refusing to pay because they feel I didn't follow the instructions. It states that after the ice melts that the slush and water should be removed to prevent refreezing, but nothing more. Not that it should be removed to prevent concrete damage. I didn't remove the slush until the next day as it was night when I applied the product and by then the damage was already done.

The driveway is over three years old and this was the first time I used the product. I live in an area that gets snow and ice every winter and the concrete had no issues before this in regards to the freeze/thaw cycles.

It also can't be due to the concrete being inferior. I tried the product on a piece of concrete that is over 15 years old and the same issue occurred.

Thanks for the advice. We will put a claim in with Home Depot and take them to small claims court if necessary.

[libra58]

op, was it halite rock salt by chance? We had a problem with the H brand of rock salt..it dissolved our area of patio block, the block actually crumpled apart, as I shoveled the slush the next morn. much of the block went with it, and yet did not hurt the wooden decking, lucky for us it was a small area which we will just replace and not an entire driveway surface...that particular product seems very corrosive...it was our first & last time using it.

[shubh]

If you purchased the product from CA dealer, you are entitled to get the compensation after filling the legal complain. Also, post your complaint over many important forums like this one, it will make the concerned firm more conscious.

[keymaker]

If I were you, i would consult a product liability lawyer to sort your problem. Its best to hear concrete advice from someone who knows the law.

[Zigner]

Originally Posted by keymaker

If I were you, i would consult a product liability lawyer to sort your problem. Its best to hear concrete advice from someone who knows the law.

I don't know if that was intentional, but I sure laughed.