Lowe's Installer damaged my property

[vsean636]

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

I have a heater replaced under warranty by Lowe's. I still had to pay for the installation ($600). During installation contractor's truck damaged my property. I have a 3rd party estimate for damages ($1300).

I've called 800 number that I use to schedule the installation. They promised to get back to me, but never did. Week later called Lowe's Customer Support. They opened a claim with their insurance. Two weeks later insurance referred me to the installer company. Another week later installer refused to take any responsibility.

Now I am ready to go to the Small Claims Court and sue for negligence. Whom should I name in my claim? All my paperwork is with Lowe's (A). But all my communication was over the phone. 1-800- number I used is a switchboard. It redirects to the out of state company (B) that handles installations in my state. Installation performed by local contractor (C), and I did not even know it's name until I got a rejection from them. In fact, I don't even have any proof that they worked on my property.

What company should I sue (A, B, or C)?

Thanks!

 

[OHRoadwarrior]

How did the contractors truck "damage your property"?

 

[vsean636]

How did the contractors truck "damage your property"?

Half of the truck was parked on driveway, half on the front lawn. When I complained, he moved truck on the driveway. The concrete on the edge of the driveway broke/cracked.

 

[OHRoadwarrior]

That is not the contractors fault. Your driveway should be capable of supporting a certain amount of weight, including heavy trucks. If it will not, you should post signs for trucks not to park on it.

Half of the truck was parked on driveway, half on the front lawn. When I complained, he moved truck on the driveway. The concrete on the edge of the driveway broke/cracked.

 

[BL]

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

I have a heater replaced under warranty by Lowe's. I still had to pay for the installation ($600). During installation contractor's truck damaged my property. I have a 3rd party estimate for damages ($1300).

I've called 800 number that I use to schedule the installation. They promised to get back to me, but never did. Week later called Lowe's Customer Support. They opened a claim with their insurance. Two weeks later insurance referred me to the installer company. Another week later installer refused to take any responsibility.

Now I am ready to go to the Small Claims Court and sue for negligence. Whom should I name in my claim? All my paperwork is with Lowe's (A). But all my communication was over the phone. 1-800- number I used is a switchboard. It redirects to the out of state company (B) that handles installations in my state. Installation performed by local contractor (C), and I did not even know it's name until I got a rejection from them. In fact, I don't even have any proof that they worked on my property.

What company should I sue (A, B, or C)?

Thanks!

How about this?

File a complaint with your local Office of Attorney General - consumer affairs ( obtain copies of paperwork from Lowes ) and have any receipts ( $600.00 ) , be sure summarize events and time frames by dates and provide information's.

The OAG has contact personnel for most major companies and will forward you complaint to them.

I tend to believe it's not your duty to warn the contractor .

If your drive was not damaged prior to the truck running upon the edges , you should be made whole.

However , a good concrete drive should be of a thickness to support quite a load.

 

[justalayman]

I tend to believe it's not your duty to warn the contractor .

.

If the drive was not capable of being used as a drive, then it would be upon the owner to warn the contractor to not park on the drive. If the owner didn't know his concrete drive was not capable of being used as a drive, then how is the contractor expected to know and because of that, how does that make the contractor liable?

I suspect we are not talking about a large truck but something more in the line of a 3/4 or 1 ton van or pick up. Generally we are talking about less than 10,000 pounds. If the drive won't hold that, then it is an inferior construction and the contractor is not liable unless it was obvious the drive was not actually capable of being used as a drive.

 

[BL]

If the drive was not capable of being used as a drive, then it would be upon the owner to warn the contractor to not park on the drive. If the owner didn't know his concrete drive was not capable of being used as a drive, then how is the contractor expected to know and because of that, how does that make the contractor liable?

I suspect we are not talking about a large truck but something more in the line of a 3/4 or 1 ton van or pick up. Generally we are talking about less than 10,000 pounds. If the drive won't hold that, then it is an inferior construction and the contractor is not liable unless it was obvious the drive was not actually capable of being used as a drive.

The contractor supposedly was parked both on the grass and on the drive .

The poster is talking about the edges where the truck drove into/out of the yard from the drive.

I agree though and indicated if the drive was of thickness even the edges should have held up.

I have drove box trucks working for a Company and drove on many drives their selves .

 

[OHRoadwarrior]

Actually, from Lowes, it was probably a straight truck. However, the driveways ability to support a truck is something the owner is responsible for.

I have one "weak spot" in my drive, where the cement was under-run by water flow. Whenever a CDL class truck tire hits it, the spot sinks 4 inches. I always warn any trucks entering my drive for service to not stop on the spot and to avoid it if possible.

 

[justalayman]

OHRoadwarrior;3187224]Actually, from Lowes, it was probably a straight truck. However, the driveways ability to support a truck is something the owner is responsible for.

it wasn't "from Lowes". It was a local contractor, presumably an HVAC contractor. Most contractors generally use a van of 1 ton rating or under or a pick up truck of similar capacity.

I have one "weak spot" in my drive, where the cement was under-run by water flow. Whenever a CDL class truck tire hits it, the spot sinks 4 inches. I always warn any trucks entering my drive for service to not stop on the spot and to avoid it if possible.

sorry but if it "sinks", the damage is already done. It's broken already. A concrete slab is a monolithic construction. If part of it is moving, it's no longer a monolith. This is obviously off topic but you need one of those guys that bore a hole in the slab and pump concrete under it.

 

[OHRoadwarrior]

To OP. I suggest you explore the very cost effective option of concrete epoxy and concrete resurfacing of that slab. Total cost under $100.

RE my driveway. Yeah, I was actually going to pull it out, redo the ground under it, drop it back in and epoxy it. I will get around to it one of these years. Unfortunately, at the moment, holding the steering wheel to drive a car can be challenging some days.

it wasn't "from Lowes". It was a local contractor, presumably an HVAC contractor. Most contractors generally use a van of 1 ton rating or under or a pick up truck of similar capacity.



sorry but if it "sinks", the damage is already done. It's broken already. A concrete slab is a monolithic construction. If part of it is moving, it's no longer a monolith. This is obviously off topic but you need one of those guys that bore a hole in the slab and pump concrete under it.

 

[vsean636]

few comments:

1. It was medium duty truck (like this one - http://goo.gl/Qn9nC).
2. Driveway was able to handle such trucks before. It also did not crack under this truck when it moved over it and to the lawn. The damage occurred when the truck climbed back from the lawn to the edge of the concrete.
3. Driver did not ask my permission to enter my driveway. He just did it before knocking in my door. So even If I wanted to stop him, it was too late. And I would've definitely stopped him from ruining my front lawn.

 

[vsean636]

While my response with additional comments re:validity of my complaint is awaiting approval, I'd like to ask again same question.

If I decide to go to Small Claims Court, whom should I name as defendants?

 

[justalayman]

I do not know how Lowe's works their system. You would definately want to sue the contractor. You may be able to include Lowe's in the suit but I am not familiar with their system and whether Lowe's actually has any responsibility for what a contractor may cause. I suspect somewhere along the line you agreed that Lowe's would bear no liability for actions of the contractor but I cannot say with any confidence that is the case. You can always list both. Lowe's lawyers would file a response and likely list why they are not liable. You would then proceed with the case against only the contractor (if Lowe's was actually excused from the suit).

be warned though; Lowe's attorney's may try to have the case moved to a superior court. You would either have to defend their motion or, if they are successful, fight your fight in that superior court and against their lawyers.


as I said before though; I do not believe you have a valid case for damage to your drive. It is a driveway. He drove on it. Unless he was driving a huge and extremely heavy truck, your driveway was defective and that is why it was damaged. Nobody but you would be responsible for the costs to repair that damage.