What is the name of your state?Florida
Hello,
I need advice pertaining to flood damage that occurred as a result of negligence. My mother employed an appliance repair company to fix a minor leak from her refrigerator. The repairman used a plastic connector of some sort that apparently has a history of failure. The plastic connector must have broken or slipped causing gallons and gallons of water to flood her condo, the common area, and other condos below hers. The repairman was a sub-contractor for the appliance company, and the owner of the appliance company has admitted that the sub-contractor should not have used the plastic fitting. But he has shifted responsibility for use of the faulty connector onto the sub-contractor. And he furthermore states that on his invoice, which my mother paid, there is a statement denying any responsibility for water damage. (I don’t have the invoice as I write this, so I can’t quote – it’s in Florida while I am in PA.)
My mother’s damages, so far, have amounted to over $12,000. And we have yet to hear from the neighbor’s condos, which also sustained damage. The neighbors agree that the repairman is at fault, but I expect that their insurance companies will come after my mother. It has been two months since the flood, and still no claims.
But here is the hard part. My mother did not have insurance. I have the following questions:
1. Do we have a strong case against the appliance repair company?
2. What should be our next course of action?
3. Do you think that having an attorney draft a demand letter to the appliance repairman stating the facts and indicating that a lawsuit will ensue if my mother is not compensated by their insurance - will help us to avoid a costly lawsuit? Shall we offer mediation? Is this how insurance companies duke-it-out? Or do you think that filing a lawsuit is unavoidable in this case?
4. Is there a two-year statute of limitations? Do the neighbors have that long before filing a claim?
5. Should we delay having an attorney contact the appliance repairman until after we’ve heard from all the neighbors, or should we get the ball rolling now somehow?
6. If we must go to court, can we ask for restitution of actual damage costs plus all legal fees and expenses? And can we seek damages for emotional distress (my mother nearly had a heart attack when the flood was discovered and has not been able to occupy her bedroom or living room until the repairs are completed)?
7. Would it be smarter to begin by paying an attorney by the hour to draft a few threatening letters, or agree to a contingency arrangement up-front (I’m assuming it’s 33 1/3% plus expenses). My mother is 85 and does not have a lot of money.
Thanks for any advice you can give. And thanks for reading my novella.
Hello,
I need advice pertaining to flood damage that occurred as a result of negligence. My mother employed an appliance repair company to fix a minor leak from her refrigerator. The repairman used a plastic connector of some sort that apparently has a history of failure. The plastic connector must have broken or slipped causing gallons and gallons of water to flood her condo, the common area, and other condos below hers. The repairman was a sub-contractor for the appliance company, and the owner of the appliance company has admitted that the sub-contractor should not have used the plastic fitting. But he has shifted responsibility for use of the faulty connector onto the sub-contractor. And he furthermore states that on his invoice, which my mother paid, there is a statement denying any responsibility for water damage. (I don’t have the invoice as I write this, so I can’t quote – it’s in Florida while I am in PA.)
My mother’s damages, so far, have amounted to over $12,000. And we have yet to hear from the neighbor’s condos, which also sustained damage. The neighbors agree that the repairman is at fault, but I expect that their insurance companies will come after my mother. It has been two months since the flood, and still no claims.
But here is the hard part. My mother did not have insurance. I have the following questions:
1. Do we have a strong case against the appliance repair company?
2. What should be our next course of action?
3. Do you think that having an attorney draft a demand letter to the appliance repairman stating the facts and indicating that a lawsuit will ensue if my mother is not compensated by their insurance - will help us to avoid a costly lawsuit? Shall we offer mediation? Is this how insurance companies duke-it-out? Or do you think that filing a lawsuit is unavoidable in this case?
4. Is there a two-year statute of limitations? Do the neighbors have that long before filing a claim?
5. Should we delay having an attorney contact the appliance repairman until after we’ve heard from all the neighbors, or should we get the ball rolling now somehow?
6. If we must go to court, can we ask for restitution of actual damage costs plus all legal fees and expenses? And can we seek damages for emotional distress (my mother nearly had a heart attack when the flood was discovered and has not been able to occupy her bedroom or living room until the repairs are completed)?
7. Would it be smarter to begin by paying an attorney by the hour to draft a few threatening letters, or agree to a contingency arrangement up-front (I’m assuming it’s 33 1/3% plus expenses). My mother is 85 and does not have a lot of money.
Thanks for any advice you can give. And thanks for reading my novella.