Can I sue a plumber for home/water damage caused by inaccurately fitted fixtures ?
In 2000 I had new fixtures fitted to all of my old pipes. In 2006 there was a continuous leak behind the tub which was rarely used (maybe 6 times in 6 years) which took extensive investigation to locate (punching 4 holes in the stucco and concrete walls of two adjoining bathrooms, breakage of the tub enclosure). The water damaged the walls, subfloors and floors of both bathrooms. The original plumber told me the leaks was caused by the old pipes I didn’t replace.
I waited 2 years to have the cash to begin repairs. I finally contacted another plumber who advised me that the fittings placed in 2000 were the wrong size for the original pipes and that is why both the hot and cold fittings gushed simultaneously behind the walls even tho the taps were turned off. The fittings are visibly not flush. It is clear that the leaks occurred at the point of connection between the old and new fittings.
How can I sue the original plumber for all my damages (he is licensed?) Is it too late?
In response to the great replies I got, the leak occurred between the original 3 pronged valve and new fittings used to make it fit the new faucets. They clearly were not meant to be a match; it appears the plumber tried to fit some new extensions into the existing valve. They leaked after several uses. I made an insurance claim but it was denied because the pipes did not burst so this was not covered. Should I get another plumber to give me a second opinion of the work?
In response to the plumber’s reply that it is difficult to prove human error, the valve extensions are visibly not flush–there is a gap between the valve and the extensions. That is where the leaks occurred when the water was turned on. It is possible they leaked immediately but since the tub was very rarely turned on, it was not detected for many years. I had a leak detection company go into the subfloor and tell me there appeared to be old dried water stains as well as the fresh ones.
In reply to Javahut, there is no extra damage after the original damage. The tub has not been used at all in the ensuing 2 years. I have since changed insurance companies but I suspect I can get the records of the claim I made that was denied by Allstate who had an inspector come out and take photos, etc.
Tagged with: Insurance Claim • Original 3 • Tho
Filed under: Maintenance & Repairs
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Sounds like you need a lawyers advise for your lo-cal. As far as I know you can sue anyone for anything any time. Now winning is a different thing, then collecting a judgment is still another thing.
An offer for the previous plumber to correct deficiency’s might be your best bet. Here in Oklahoma its rather difficult to warranty anything past a year. But if you can prove that the work was substandard, the plumber had to know code plumbing and work wasn’t done to that standard yes you have a good case. If the fellow isn’t in business anymore you’d be lucky to get any kind of money to fix anything. If he was licensed and insured you might have a claim through his insurance carrier but Id think it would have to be his carrier at the time he did the work and that may be different than his present insurance. Also if there is any truth to the original plumbers statement that it was caused by old pipes not replaced Your defense is that he should have advised you of anything that was not fitting and that it might be more than what your original agreement was. After all you did hire a professional and you were expecting performance from him, that according to you you did not receive. This might get you a judgment then you have a whole other process to go through to collect the judgment. So it would be in both your interests to talk it out and offer to arbitrate a solution. Court is a last resort if you cant reach an agreement and it would play well if you can show a Judge that you were trying to reach an agreement before you came in front of him. .
You can sue anybody for anything.The trick is to convince a judge and jury that you were wronged.Call a lawyer or try the Law section of answers to get some advice.If the mistake the first plumber made was obvious then you may have a case.Contact the appropriate plumbing inspector.The inspector may be able to direct you in right direction.
Anyone can file a law suit. Sounds like you have good reason and would win.
You might be able to have a case, but from a judges view point the time that has passed has put quite a damper on your case. He is going to wonder why you waited so long after the problem occured. Even if you say it was a money issue.
Why didn’t you claim this on your homeowners insurance? They would have went after the contracter for you.
The plumber cannot be liable for all of the damages. Because you have waited 2 years, those two years of extra damange cannot be expected to be paid for. That was your own doing. It can be argued that because of the time frame, 6 years, the old pipes loosened up on there own.
These type of issues should be claimed on your homeowners.
You can sue but it is unlikely after 6 years you will win.
It is difficult to prove the leaks were due to human error.
It is too late.
Working with old pipes and new fittings is always a risky venture and impossible to guarantee. A re-pipe is always the best option, as you learned.
The original plumber is correct.