Legal Question in Consumer Law in California

100% Satisfaction on Installation Guarantee

We purchased floor and installation from a major home improvement store, who subcontracts out installation. They have a ''Bottom line � if you�re not 100% satisfied with the service we provide, we�ll make it right'' for their installations. The installer disconnected and reconnected the waterline to the fridge, even though (we found out later) he not allowed to. He attached it incorrectly, it leaked for two days, we found it at 10 pm on a Sunday night, turned the water off, and notified the store in person at 7 am the next morning. The leak ruined the newly installed vinyl as well as a major portion of wood floor we installed. The store mitigated the flood by soliciting the services of a flood company with its insurance company paying the flood company. Now we have been informed by the insurance company that the store is not liable because the installer is at fault and the claim has been sent to the installation company's insurance company. Major point, the installer denies that he reattached the waterline because he ''isn't supposed to do it.'' Is the store still liable? Where is that guarantee? We have avoided litigation, but now having the case in the hands of the folks who deny they caused it concerns me greatly.


Asked on 2/24/06, 8:12 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: 100% Satisfaction on Installation Guarantee

If you can prove that the installer did what you described, then the store and the installer are jointly. The installer is liable because of negligence. The store would be liable because you have a contract and warranty.

I am a construction attorney and my office is not far from you home. Contact me directly if you need further assistance.

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Answered on 2/24/06, 8:22 pm


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