topic Re: Can I Sue? in Home

Can I Sue?

kivah — Mon, 05 Jan 2015 03:41:07 GMT

I recently posted about my bathroom being flooded because of a stoppage in the clean-out pipe in my front yard. Walls had to be cut out in the bathroom, bedroom, family room, laundry room and hallway. The carpet has to be replaced in the bedroom. The work is in the process and I have a $2,500 deductible and I'll know the total cost tomorrow - but it's at least $5,000. Not sure how much the insurance co. will pay. 14 months ago, I called a plumber who's licensed -- but he sent one of his workers for this same problem. Water flooding into my bathroom - the wall in the bathroom/bedroom was wet. At that time, his worker snaked the shut-off pipe in my sideyard - but never mentioned the water in the walls or said he'll put a camera down the shut-off to see what the problem was. I paid him and he left. On December 30th, the exact same problem - water flooding my bathroom and into the bedroom. An assessor (sent by my insurance co.) put a camera down the shut-off and realized the stoppage was in the clean-out in my front yard. I called a different plumber and he came over yesterday. The stoppage was caused by roots from the shrubs in my front yard - and he cleared it out. Would u suggest I sue the 1st plumber - who sent one of his workers 14 months ago - who didn't diagnose the problem and repair it properly???

Re: Can I Sue?

VaBelle35 — Mon, 05 Jan 2015 03:45:14 GMT

You can sue anyone for anything. But I doubt a lawyer will take the case, it is too long ago and too hard to prove what condition things were in 14 months ago.

I feel for you and I would want to do the same thing, but I wouldn't get your hopes up about finding a lawyer to take this case. Even if you do, it will be years of aggravation and you will not recoup all of your money.

Re: Can I Sue?

betteb — Mon, 05 Jan 2015 03:52:24 GMT

On 1/4/2015 VaBelle35 said:
You can sue anyone for anything. But I doubt a lawyer will take the case, it is too long ago and too hard to prove what condition things were in 14 months ago.

I feel for you and I would want to do the same thing, but I wouldn't get your hopes up about finding a lawyer to take this case. Even if you do, it will be years of aggravation and you will not recoup all of your money.

I agree. It stinks, I know. A really good plumber snakes the line several times, all the way to the main, and even then, roots grow back.

Something to think about. If you are getting roots in your line, your line is very old. It will need to be replaced. For several years now, when houses are built, they use hard PVC. No roots can penetrate.

Re: Can I Sue?

June Lands — Mon, 05 Jan 2015 03:56:56 GMT

I have both sewer and water line insurance through AAA. It costs me $99 a year. You may want to look into it.

Re: Can I Sue?

OkeyDokey — Mon, 05 Jan 2015 04:07:28 GMT

Your insurance company could sue the plumbers insurance company.

Re: Can I Sue?

brandiwine — Mon, 05 Jan 2015 04:08:37 GMT

Let me get this straight. You want to sue a plumber who did his job 14 months ago? You are the one who didn't ask to have a camera put down. I bet it cost extra. No judge would give you a dime. In fact, you could face court fines for wasting the courts time with a frivolous law suit. Anything could have happened over 14 months. I'm sorry you have an expensive mess, but life happens.

Re: Can I Sue?

lizzief — Mon, 05 Jan 2015 04:16:27 GMT

I agree, it will be impossible to prove negligence on the first plumber's part, and that the current problem is related to the prior problem. The money would probably be better spent on replacing all of the lines to make sure this doesn't happen again. Sorry this happened.

Re: Can I Sue?

Annabellethecat66 — Mon, 05 Jan 2015 04:18:29 GMT

Many lawyers work on a basis where they will meet with you for X amount of minutes. You tell them (bring paperwork) your story.

Some will decide right then if they'll take your case. Some will call later.

When you see those stupid (I can't stand lawyers) on TV advertising it's because they settle out of court. There are very few lawyers who go to court these days.

Most lawyers want sure things so they don't have to put forth time and effort.

I've dealt will lawyers a lot (both sides).

You need to find one or two who will listen to what you have to say and not charge you.

Based on what I know, you don't have a case. It sounds very subjective.

Re: Can I Sue?

shoekitty — Mon, 05 Jan 2015 04:25:31 GMT

I feel your pain. I really do. Isn't it amazing what quality work costs these days?

Like VaBelle said, you can sue for anything, but getting the money is another thing. If you had requested him to do some work, paid him and he didn't do it, that is another thing. I think they have to prove negligence, faulty work or things of that nature.

The actual cause of damage was an act of God or nature as they say. The fact that the plumber didn't find something is a matter of interpretation. They could even say, it grew there in the 14 months since his visit.

In this day and age you have to be so detailed and persnickety about what you want done. You have to spell it out, check on them, have them write what they did on receipt, and sign it. That is what I do. It never fails ...the one tiny, minute detail I fail to cover (because I assume something) is the problem I have. Never fails.,

I even have workmen repeat what they say they are going to do, before hiring them...Then I go over it when they do the work...AND after they have done it, I quiz them again.

I hope your problem is resolved. Our home is 50 years old. We have those old galvanized pipes! I hold my breath. We had a remodel done upstairs, and they replaced pipes, faucets, everything they could get to, in the 2 baths. However, every time they shut water off to do work when they turned water back on we had problems with a downstairs faucet. Right now I can only get a trickle of hot water to washer, and the hot water to downstairs sink is not working right. We have checked the traps, but know there is rocks, dirt and such trapped somewhere downstairs. Geesh!

Re: Can I Sue?

lilypadfrog — Mon, 05 Jan 2015 04:25:44 GMT

AnnaBella, what do you mean by AAA? I thought that was car insurance

Re: Can I Sue?

Irshgrl31201 — Mon, 05 Jan 2015 04:29:41 GMT

I don't see how this is his fault. You have to prove negligence or incompetence and I don't see either.

Re: Can I Sue?

Plaid Pants — Mon, 05 Jan 2015 04:45:03 GMT

The one who filed the lawsuit, who is bringing the charges, is the one who has to PROVE negligence.

As others have said, you don't have a snowball's chance in Hades of getting a single dime if you decide to sue.

You will loose!

How would you be able to prove that one year and two months in the past, they did something wrong?

Why didn't you ask for the camera to go down the other drains/pipes?

That was your job to ask him to do that. Not his.

Sorry, but you are spit out of luck.

Re: Can I Sue?

KathyPet — Mon, 05 Jan 2015 05:15:54 GMT

I agree with other posters. Sorry, you would have to prove negligence. It is your word against the plumber's because there is no proof. You have no case.

Re: Can I Sue?

lovesrecess — Mon, 05 Jan 2015 05:37:28 GMT

Since 3 family members who are attorneys were here for dinner tonight, I polled them on your question and they all agreed you might have a weak case since It would be hard to prove anything from the first plumbers visit so long ago.

Re: Can I Sue?

Sabatini2 — Mon, 05 Jan 2015 05:40:33 GMT

Hi kivah.

The almost exact same thing happened to me a few years back. Luckily, the trouble was confined to the cement -floored cellar.

I'd noticed sudsy water coming from the 'clean out' trap area while the washing machine was draining, so called a plumber. He cleared out the pipe. A few weeks later I noticed the same thing, so called the plumber to come back, & this time he put a camera down. He said that the pipe was broken, and the entire pipe had to be replaced. What a huge job! I had to call the city and arrange for excavators, etc., who dug up the entire yard and replaced the old clay pipes w/ PVC.

But guess what? The workers called me outside to show me that those old clay pipes were INTACT and NOT broken as the original plumber had claimed. They were just full of roots.

Sigh. What are you gonna do? **** happens. In the end, I was just glad to have it over with.

Re: Can I Sue?

Kachina624 — Mon, 05 Jan 2015 05:57:58 GMT

You'd be lucky to even find plumber #1. They're notorious for ""flying by night"". Collecting money from one would be a full-time job

Re: Can I Sue?

kivah — Mon, 05 Jan 2015 06:00:16 GMT

I'm not a person who ever sues - but my neighbor Louise came by tonight to see the damage. She suggested I sue the first plumber. I would have gone to small claims court - no lawyer involved. I just thought the 1st plumber should have suggested putting a camera down the shut-off - but he didn't. I'm the customer and know nothing about pipes, drains or sewers. That's why I wanted ur opinions - which I respect. Guess I learned a valuable lesson. What I learned from my "new" plumber who cleared the roots from the clean-out: On the shut-off in my side yard, there's a cover on top. When u remove the cover, there's a "cap" on the pipe. He tossed the "cap" out and said "with the cap off, if there's ever an overflow, the water would run in the yard - not into the house". The cap on caused the water to run into the house. Thanks for all ur help. I've learned a lot!!!!!

Re: Can I Sue?

Plaid Pants — Mon, 05 Jan 2015 06:01:50 GMT

On 1/4/2015 Kachina624 said: You'd be lucky to even find plumber #1. They're notorious for "flying by night". Collecting money from one would be a full-time job

Not only that, but he could have quit (or been fired) from that company, and moved to another state, and is doing a whole new job that has absolutely nothing to do with plumbing.

Re: Can I Sue?

Plaid Pants — Mon, 05 Jan 2015 06:08:04 GMT

On 1/4/2015 kivah said:
I'm not a person who ever sues - but my neighbor Louise came by tonight to see the damage. She suggested I sue the first plumber. I would have gone to small claims court - no lawyer involved. I just thought the 1st plumber should have suggested putting a camera down the shut-off - but he didn't. I'm the customer and know nothing about pipes, drains or sewers. That's why I wanted ur opinions - which I respect. Guess I learned a valuable lesson. What I learned from my "new" plumber who cleared the roots from the clean-out: On the shut-off in my side yard, there's a cover on top. When u remove the cover, there's a "cap" on the pipe. He tossed the "cap" out and said "with the cap off, if there's ever an overflow, the water would run in the yard - not into the house". The cap on caused the water to run into the house. Thanks for all ur help. I've learned a lot!!!!!

Even in small claims, the burden is on YOU to prove negligence. YOU have to to first find plumber #1, if he's even still in the area. Sorry, but the onus is on you. As they say, ignorance is no excuse. It was YOUR place to ask about putting a camera down the shut-off. Believe me, a judge WILL hold you accountable for that, and ask you, "Why didn't you suggest a camera down the shut-off, if you were having all these problems?"

Sorry, but in the court of law, the customer is not always right.

Then when you loose your case, you get the joy of paying his court costs.

Re: Can I Sue?

spenditallbaby — Mon, 05 Jan 2015 06:11:31 GMT

I had the same problem when I had my beach house. Roots were the problem and they caused my tubs to back up. Fortunately I was there and it wasn't too severe. My plumber told me the outside pipes should be cleaned once a year to be on the safe side.

Sure enough, the problem resurfaced again in about 13 months and I called him again. His camera told the story.

This should be viewed as routine maintenace and something to be addressed once a year, depending upon plant growth.

Bamboos were my problem and it just goes with the territory. Why attempt legal action?