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Painter damaged floor

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sammywinddancer

Junior Member
What is the name of your state? My state is WI.

On 4/22/2021 A painting company came to my home to paint the kitchen. I asked if they were just going to paint around the stove and one guy said no we pull that out. I mentioned to the guys that I had a hand truck for them to move the stove because of the legs and it is a snug fit. I was told they use pads (which I have audio of). At some point I was called over to see a "small" rip by the leg of the stove. They said they put glue down (without permission) and asked me if I had a brown marker to color it in (the owner offered $50 off, but that was for a little scratch as the extent of the damage was concealed by the painter, he failed to show me the large rip). Later on when they moved my refrigerator back, I thought I saw a rag caught underneath it, but it was my floor ripped. The owner tried to push off the blame because there's wood underneath, but not a sub-floor (whatever that is). They used NO pad protection to move the refrigerator (when people deliver appliances or install floors they don’t carelessly drag them on the floor and professional painters don’t either). This would've had the potential to damage any floor, hardwood etc. They put glue down and propped a 50lb weight on top of the ripped piece of the floor.

The next day 4/23/2021, I asked O’Donnell what was it that was put on the floor and he said glue (on audio). I also asked him for a receipt because he told me he would give me one even though he insisted on cash for a payment. He asked me what do I use receipts for. To report it?

I told him insurance should pay for it and he was agitated and asked me what? Your homeowners? I showed the extent of the damage to my floor underneath the stove and he said it can’t be seen. So just because guests won’t be able to see the damage it shouldn’t matter? I also showed him in front of the refrigerator again and he just shrugged his shoulders.

They were careless and on top of it put glue down on my floor without permission.

I have MS so I tend to record business conversations because of cognitive issues I can have at times. I just want to make sure that since this is a one party consent state, that I can use my audio evidence if need be with the BBB since there are "some" exceptions (I imagine those exceptions might be more peeping tom type related).

Thank you,
 
Last edited:


Just Blue

Senior Member
What is the name of your state? My state is WI.

On 4/22/2021 A painting company came to my home to paint the kitchen. I asked if they were just going to paint around the stove and one guy said no we pull that out. I mentioned to the guys that I had a hand truck for them to move the stove because of the legs and it is a snug fit. I was told they use pads (which I have audio of). At some point I was called over to see a "small" rip by the leg of the stove. They said they put glue down (without permission) and asked me if I had a brown marker to color it in (the owner offered $50 off, but that was for a little scratch as the extent of the damage was concealed by the painter, he failed to show me the large rip). Later on when they moved my refrigerator back, I thought I saw a rag caught underneath it, but it was my floor ripped. The owner tried to push off the blame because there's wood underneath, but not a sub-floor (whatever that is). They used NO pad protection to move the refrigerator (when people deliver appliances or install floors they don’t carelessly drag them on the floor and professional painters don’t either). This would've had the potential to damage any floor, hardwood etc. They put glue down and propped a 50lb weight on top of the ripped piece of the floor.

The next day 4/23/2021, I asked O’Donnell what was it that was put on the floor and he said glue (on audio). I also asked him for a receipt because he told me he would give me one even though he insisted on cash for a payment. He asked me what do I use receipts for. To report it?

I told him insurance should pay for it and he was agitated and asked me what? Your homeowners? I showed the extent of the damage to my floor underneath the stove and he said it can’t be seen. So just because guests won’t be able to see the damage it shouldn’t matter? I also showed him in front of the refrigerator again and he just shrugged his shoulders.

They were careless and on top of it put glue down on my floor without permission.

I have MS so I tend to record business conversations because of cognitive issues I can have at times. I just want to make sure that since this is a one party consent state, that I can use my audio evidence if need be with the BBB since there are "some" exceptions (I imagine those exceptions might be more peeping tom type related).

Thank you,
sammywinddancer
Please remove your name from your post...it isn't necessary information to provide.
 

quincy

Senior Member
What is the name of your state? My state is WI.

On 4/22/2021 A painting company came to my home to paint the kitchen. I asked if they were just going to paint around the stove and one guy said no we pull that out. I mentioned to the guys that I had a hand truck for them to move the stove because of the legs and it is a snug fit. I was told they use pads (which I have audio of). At some point I was called over to see a "small" rip by the leg of the stove. They said they put glue down (without permission) and asked me if I had a brown marker to color it in (the owner offered $50 off, but that was for a little scratch as the extent of the damage was concealed by the painter, he failed to show me the large rip). Later on when they moved my refrigerator back, I thought I saw a rag caught underneath it, but it was my floor ripped. The owner tried to push off the blame because there's wood underneath, but not a sub-floor (whatever that is). They used NO pad protection to move the refrigerator (when people deliver appliances or install floors they don’t carelessly drag them on the floor and professional painters don’t either). This would've had the potential to damage any floor, hardwood etc. They put glue down and propped a 50lb weight on top of the ripped piece of the floor.

The next day 4/23/2021, I asked [name removed] what was it that was put on the floor and he said glue (on audio). I also asked him for a receipt because he told me he would give me one even though he insisted on cash for a payment. He asked me what do I use receipts for. To report it?

I told him insurance should pay for it and he was agitated and asked me what? Your homeowners? I showed the extent of the damage to my floor underneath the stove and he said it can’t be seen. So just because guests won’t be able to see the damage it shouldn’t matter? I also showed him in front of the refrigerator again and he just shrugged his shoulders.

They were careless and on top of it put glue down on my floor without permission.

I have MS so I tend to record business conversations because of cognitive issues I can have at times. I just want to make sure that since this is a one party consent state, that I can use my audio evidence if need be with the BBB since there are "some" exceptions (I imagine those exceptions might be more peeping tom type related).

Thank you,
[name removed]
In Wisconsin, you can legally record a conversation if you are a party to the conversation. You cannot record the conversations of others without consent if you are not a party to the conversation.

You can submit a claim to both his insurance company and your insurance company.
 

PayrollHRGuy

Senior Member

sammywinddancer

Junior Member
You do realize that the BBB has no power to order anyone to do anything? Your options that can get something done are to make a claim with one of the insurance companies involved as @quincy suggested are sue the company that damaged your property.

https://www.wicourts.gov/services/public/selfhelp/smallclaims.htm#:~:text=Small claims court is limited,be filed in civil court.
I do know the BBB can't force anything so it depends on how he would feel about such a negative mark against his business. I have MS and am on disability so I can't afford my deductible $1500 with my insurance company or to have my rates go up. I don't want my insurance company to pay for it since the painter was responsible. I don't know what to do, legal assistance isn't taking any applications right now so I'm trying to figure out the best route. The painter just figures I'm a female alone so he can treat me the way he wants to and I'll be to afraid to do anything.
 

LdiJ

Senior Member
I do know the BBB can't force anything so it depends on how he would feel about such a negative mark against his business. I have MS and am on disability so I can't afford my deductible $1500 with my insurance company or to have my rates go up. I don't want my insurance company to pay for it since the painter was responsible. I don't know what to do, legal assistance isn't taking any applications right now so I'm trying to figure out the best route. The painter just figures I'm a female alone so he can treat me the way he wants to and I'll be to afraid to do anything.
You could sue him in small claims court.
 

PayrollHRGuy

Senior Member
I do know the BBB can't force anything so it depends on how he would feel about such a negative mark against his business. I have MS and am on disability so I can't afford my deductible $1500 with my insurance company or to have my rates go up. I don't want my insurance company to pay for it since the painter was responsible. I don't know what to do, legal assistance isn't taking any applications right now so I'm trying to figure out the best route. The painter just figures I'm a female alone so he can treat me the way he wants to and I'll be to afraid to do anything.
You seem to be ignoring the other option I mentioned. Small claims court.
 

quincy

Senior Member
I'm not certain, they were in business for 17 years, but I'm a little suspect they aren't by the way he reacted when I told him a friend told me insurance would probably cover it.
This is an option I don’t often recommend but ... if your local news station has a “call for action” team, you might find some free assistance by reporting your problem to them. Almost* no business wants to be investigated by, approached by, and/or featured on the local news as a company avoiding responsibility for damage/injury they caused a customer.


*I used the word “almost” only because one company actually used an investigation by 60 Minutes into the company’s illegal business practices as promotional material in their advertising (“AS SEEN ON 60 MINUTES!!”). :)
 

Just Blue

Senior Member
This is an option I don’t often recommend but ... if your local news station has a “call for action” team, you might find some free assistance by reporting your problem to them. Almost* no business wants to be investigated by, approached by, and/or featured on the local news as a company avoiding responsibility for damage/injury they caused a customer.


*I used the word “almost” only because one company actually used an investigation by 60 Minutes into the company’s illegal business practices as promotional material in their advertising (“AS SEEN ON 60 MINUTES!!”). :)
What company was that?
 

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