Can I Sue?

kivah · ‎03-11-2010

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???

VaBelle35 · ‎03-10-2010

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.

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betteb · ‎03-09-2010

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.

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June Lands · ‎11-13-2014

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

OkeyDokey · ‎06-04-2010

Your insurance company could sue the plumbers insurance company.

brandiwine · ‎03-11-2010

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.

lizzief · ‎09-27-2011

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.

Annabellethecat66 · ‎03-12-2010

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.

shoekitty · ‎03-10-2010

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!