Ruined Furniture

[jnetzer]

Can I SUCCESSFULLY sue a carpet & upholstery cleaning company for ruining our 2 1/2 year old couch and loveseat even though my husband signed a disclaimer against any damage before the work started and again after it was finished (just to get rid of the idiot 'technician')? This occurred in our home in San Jose, CA. The couch was being steam cleaned (a process that I have since learned should NEVER have been used). When the colors on the sofa and love seat began to bleed, the technician said he could fix it, kept applying steam and cleaner to the fabrics, and continued to worsen the problem. The furniture was so soaked with chemicals and steam that it took 6 days (with all windows open and fans on) for them to dry instead of the normal 5 hours. When I contacted the owners regarding the damage and requested them to at least come and look at the damage, I was told - and this is no joke - "Why bother? We won't do anything about it anyway!" If for no other reason, I would like to sue them just for the shear pleasure of ruining their day! They certainly ruined mine! But, I now live in Texas and, although I have no problem spending the money on airfare to get to a court appointment, I would like to have a certain amount of confidence that the case wouldn't automatically get thrown out because of the signed disclaimer. Any input would be GREATLY appreciated!!!!

 

[Traceyelisabeth]

Your husband should have stopped the cleaner when the bleeding first occured. In letting the cleaner continue, he allowed futher damage. Then his signing the disclaimer AFTER the damage had occured, stating the cleaner was not responsible, makes it very difficult for you to do anything.

 

[jnetzer]

Your husband should have stopped the cleaner when the bleeding first occured. In letting the cleaner continue, he allowed futher damage. Then his signing the disclaimer AFTER the damage had occured, stating the cleaner was not responsible, makes it very difficult for you to do anything.

Traceyelisabeth, I (not my husband) was the one who noticed the bleeding. I asked him to stop. He insisted that this had never before happened to him and that he could "fix it". I allowed him to continue because, at this point, it couldn't get any worse (or so I thought). He tried and made the bleeding even worse. And, he wouldn't leave until my husband signed the release. Does that make any difference? Your opinion would be greatly appreciated! Thank you!