Legal Question in Consumer Law in California

Consumer Rights When a Contractor Damages Items

In December 2002, we were forced to have a contractor come into our home because of flood damage. Part of the total billing included a charge of $50.00 to move a desk in my office. While moving my desk, the contractor and his assosiate dropped my desk and broke the foundation of the desk. The desk was not cleared of any items, including a heavy detatchable hutch, prior to moving it. Because this desk was used to hold my computer and a very heavy $3000.00 printer, which I used while working at home, I had to replace the desk in order to support the equipment. The contractor states he has no liability for replacing the desk. Do I have any recourse? He has threatened to take me to small claims court if I do not pay the balance in full.


Asked on 6/16/03, 2:12 am

1 Answer from Attorneys
Marshall Snyder Law Office Of Marshall Snyder

Re: Consumer Rights When a Contractor Damages Items

The contractor is negligent for dropping your desk

and breaking it. The only question is damages. If it costs you $50.00 to replace the desk, the contractor should be liable for $50.00. If the desk is fixable and can be fixed for less than $50.00, then you would be entitled to no more than the cost of fixing the desk.

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Answered on 6/23/03, 9:52 pm


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