Chipped Countertop - Can this go to court?

[NEMomma]

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

Hi, I have an possible legal issue that I'm hoping someone may be able to help me with! I recently purchased a used sofa and recliner from a posting off Craigslist (first mistake and never again!) and came into an issue with the poster. We payed and received a very basic Bill of Sale (I sell this sofa...etc) on Weds. The poster asked us if we could remove the furniture by Sunday because they were receiving new furniture on Monday. We arranged a UHaul and my fiancee, his 18 yr old cousin and myself arrived on Saturday to pick the items up at 5 pm. I stayed in our vehicle to watch our 2 yr old daughter while my fiancee and his cousin moved the items from their home. This issue is this, at 7 pm my fiancee recieved a text message from the woman stating "My husband is concerned about the chunck missing from the counter when the couch hit it. I sent you a pic" with a photo following this message. When I asked both men if they hit her counter, they both replied that they knocked over a kitchen chair that may or may not have hit the counter. They swore they did not touch the counter with the sofa. I can't tell from the photo how large or the severity of this damage. I am suspiscous of this because the one time I entered the home to look at the furniture, I don't recall the kitchen counters being anywhere near the are where the items would of moved thru. Also, I did thank the lady for her time and the opportunity to purchase the furniture. At that time, she made no mention of anything that occured during the move. If I had the funds to replace a countertop, I would not be buying used furniture off Craigslist. I am a full-time mom and student, as well as working full-time. My concerns are this:

1) How do I repond to the message to not admit guilt?

2) Is there a legal case here? Can they take me to court on this issue?

Thank you in advance for any advice on this issue!What is the name of your state (only U.S. law)?

 

[justalayman]

You need to speak with your fiancée and relative to determine if what happened was actually possible. I would suggest they actually visit the house to view it first hand. If it can reasonably be determined the counter was damaged by your fiancée and relative, then the owner deserves compensation.

If they don't believe they caused the damage, then you could either flat out refuse or attempt to negotiate a settlement. If worse comes to worse, if you refuse and they are adamant about the damage being caused by your associates, they could always sue and let a judge decide.

I don't know what material the counter top is made of but you can often look at damage and determine if it is relatively fresh or old damage.

 

[NEMomma]

Thank You!

I appreciate your advice! I have quizzed both of the guys to see if they are fibbing to me to avoid my wrath! I am going to inspect the furniture as well to see if I can locate the spot where it could/did impact the counter. I feel bad about the counter, just don't want to contact for fear of admitting something that I don't know if I did. I will see if they will let me inspect the damages. Again, Thank you!

 

[Handcoc]

I will see if they will let me inspect the damages. Again, Thank you!

I would recommend you NOT having further contact with the other party; no good can come out of it.

 

[Ohiogal]

If their moving the sofa caused the counter damage (direct or otherwise) then the persons who moved it are liable. You were in the van so you are not liable.

So, if you wish to avoid paying, just do not communicate any further with the damaged party.

If they sue you, they have no case.

The two people moving the sofa should pay for the damage.

WRONG. She is responsible under agency law. They were working for her and as such they were there at HER bequest so she can be held liable. The homeowners have a case for the counter.

Seriously though, QUIT posting advice when you are clueless.

 

[CSO286]

Hmmmm...Let's see...

*Booming Voice*

IN THIS CORNER WE HAVE:

OG--licensed attorney with years of experience and over 36000 posts.


AND ON THE OTHER SIDE OF THE RING:

Handcoc--unknown gnubee with a smart mouth and under 200 posts--most of which have little to no legal advice in them.


I truly wonder whose advice the OP should trust here.


Hmm

 

[OHRoadwarrior]

OG can be abrasive at times, however she really knows her stuff. I'd believe her, if she told me it was gonna rain two weeks from now at 5am.

 

[Ohiogal]

I am correct and you are wrong; they were not working for her, they did not get paid so they are not her agent. For what you say to be true there must be some employee-employer relationship and here, there clearly is not.

So, according to YOU, girl who lives in OH, if you ask someone to get a Frisbee from your neighbors yard and the person hops on a pogo stick and causes damage to the neighbors lawn, then that someone is liable? No, thats incorrect -- learn the law little girl form Ohio. You posting makes you look like a little girl from Ohio.

Seriously though, QUIT posting advice when you are clueless.

Working does NOT imply employment/payment. You need to learn the law. Oh and by the way, OP can also sue the people that caused the damage by doing a third party complaint. That way it can be handled all at once. Your name is very self explanatory about what you must do in your spare time -- even if you did forget the "k" at the end.

 

[Ohiogal]

I appreciate your advice! I have quizzed both of the guys to see if they are fibbing to me to avoid my wrath! I am going to inspect the furniture as well to see if I can locate the spot where it could/did impact the counter. I feel bad about the counter, just don't want to contact for fear of admitting something that I don't know if I did. I will see if they will let me inspect the damages. Again, Thank you!

No one said you had to contact her. However, she can sue you for the damage caused because this was done at your behest and you benefited from it. You could be held responsible for their actions but you could also bring them into the lawsuit as co-defendants as well. That would give you all the chance to defend yourself or having them held responsible. But you CAN be held liable if the counter was damaged the way the woman says it was.