Damage Done by Cleaning Service

[bonvivantmike]

What is the name of your state? California

A carpet cleaning service knocked over and broke a Tiffany lamp, one of a matching set of three. His standard invoice/contract indicates that he is not liable, but I did not receive a copy prior to work beginning.

Originally, he promised to replace the lamp. Since it is discontinued, he then told me to purchase a new set. The new set, however, came to double the original cost of the cleaning, and now he refuses to reimburse my costs over and above the cost of the invoice. Of course, I have not paid the invoice, and am applying that against the replacement cost of the lamps.

I'm considering suing in Small Claims Court. What is his liability? Is he liable to replace the entire set, since he deprived me of the entire set?

 

[stephenk]

small claims court is for money awards only. you cant sue for the cleaner to replace your lamp set or a single lamp.

are you sure there is no way to get a single replacement lamp? have you contacted the manufacturer? If no replacement, you would need to determine how much the single lamp was worth and how much the entire set has lost value because of the now missing lamp.

 

[bonvivantmike]

Clarification

I wasn't clear....

I'm not looking for any kind of specific performance. I'm looking to recover the cost of a replacement set of three matching lamps.

 

[bonvivantmike]

More Clarification

And yes, I made certain that the lamp is out of production and no longer available.