Virginia  |  Personal Injury

Legal Question

Asked on: 3/28/13, 7:51 am

If I went to a paint store to buy paint for a metal building and a new employee sold me paint that is for wood surfaces only and told me that it would work for nay surface and it peeled off in 2 week what kind of torythas he committed?

1 Answer

Answered on: 3/29/13, 7:03 am by Michael E. Hendrickson

No, absent a showing of fraud, deliberate misrepresentation, or somehow

culpable negligence on the part of this new employee, I don't see any

sustainable actions in tort which might be brought against him for the

transaction you've described.

Nevertheless, you might have a viable claim against the store for breach of contract or possibly some other claim under the Virginia Consumer

Protection Act that could result in the store at least giving you the

right paint for this metal building which you thought that you had purchased

from their new employee.

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