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.