Legal Question in Business Law in California

I did work at customers house. I finished my work customer tells me my toilet water is running can you look at it. It wasn't running so I told her I didn't see anything wrong just keep an eye out for it. She calls me the next day say her house is flooded I need to pay for damages. She has the toilet fixed I talked to the plumber we said it needed new bolts and gaskets that's why it leaked. She said it happened because I touched it. Am I to blame here?


Asked on 1/28/14, 6:19 pm

2 Answers from Attorneys
Frank Natoli Natoli-Legal, LLC

She will need to show that you are the proximate cause of the damage by way of some negligence.

Let's say that you were working on her roof and left a big heavy bag of materials on the very edge. As she came home the wind blew and the bag fell and hit her on the head causing injury. In such a case she has a claim against you for your negligence. It was altogether foreseeable to the reasonable person that the bag could fall over and injure someone, so leaving it as you did was negligent and on account someone was injured.

How were you negligent here? It is also possible to be negligent by omission, that is, by not doing something you should have done. You may have been, but you certainly did not note that here. I suggest that you discuss with a lawyer in your area if you are concerned that she might sue.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 1/29/14, 7:14 am
Terry A. Nelson Nelson & Lawless

Tell you defense to the small claims court judge if you get sued.

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Answered on 1/29/14, 12:17 pm


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