Most of us have, at one time or another, hired a plumber to do some work in our home, involving things like showers, pipes, and sinks. Unfortunately, they end up doing more harm than good in some cases. Substandard plumbing repairs may actually cause even worse problems than the one that led to you calling in a plumber in the first place.
The sad part is that even when such things happen, some plumbers claim that they are not legally liable for the damage. This is why Virginia residents ought to know that they can sue a plumber for negligence in such instances; just as suing a pool company or a landscaper is possible.
The following information will assist you in understanding how to go about the process.
Suing A Plumber For Negligence
Before you begin the process of suing a plumber for negligence, you will need to understand a few things about the legal basis of your case. First and foremost, you need to establish whether or not you have a good case.
Once you are clear on this matter and feel that your case can move forward, the other things you will need to figure out is whether you are comfortable with a possible out-of-court settlement, if taking legal action is the best option for your situation, and if you feel confident about your chances of winning.
If the answers to all these questions are yes, then you are good to go.
Having A Good Case
As mentioned earlier, you must have a good case to present to the court before you sue a plumber. Lawyers break down each lawsuit to establish whether it meets the necessary criteria for moving ahead.
For instance, suing a plumber for a shady or substandard job would be valid since they would have breached the contract. They accepted the job you offered them, either orally or in writing, and promised to deliver, based on your requirements, but didn’t.
Being able to provide a legally binding contract between you and the plumber can also help your case. This is because having such a document makes it easier to prove that you had an enforceable contract in case of a breach. You will also need to show that there was no fault on your part, and you did everything as expected under the terms and conditions of the contract. This means making payments and allowing the contractor access to do their job.
In such cases, the main point is to prove the plumber did not meet their contractual obligations, which caused you to suffer a monetary loss. This is usually easy to show to the court, if you have a valid case.
Possible Alternatives
If there is the possibility of an out-of-court settlement, it would be best to consider it. Avoid rushing to the courthouse to file your suit without first considering if there is a way you can get compensation through arbitration.
Also, if you can talk with the plumber and develop a mutually beneficial compromise, you should consider it. This is also important when working with home building dispute lawyers. In most cases, you can use a lawyer as a mediator or even hire a neutral third party to help you settle.
Look At What You Can Collect
Looking at what you can collect is an extremely important element because it wouldn’t be wise to file a lawsuit against a contractor who can’t pay. Even though most reputable plumbing contractors and businesses will pay for damages, some may not be able to dish out the money.
Before proceeding with your suit, you should determine whether a plumber has the financial capability to pay what they owe. If it happens to be a limited liability company, you usually can not also go after the owner for recompense. This means that the law will protect their assets. In the case of sole proprietors, the plumber could lose their valuable personal assets if they do not win in court.
Final Thoughts
As you can see from the information provided above, there are a couple of things you need to know before you can proceed with suing a plumber. However, one of the most important criteria is establishing whether your case is good and has legal grounds.
The other thing is that you should be open to a compromise settlement with a mediator. It will save money for both parties. Going to court should be a measure of last resort. If you have any doubts or questions about your case, consider working with contract fraud lawyers to settle those doubts and answer the questions.