I am taking the people that put up my kitchen cabinets in my home?
to small claims court. What grounds do I have to sue these people? I bought a home less that 5 months ago the entire kitchen cabinets came off the wall and fell on my nephew. I have contacted the realtor whom contacted the listing agent whom contacted the seller. These people are giving me the run around all the time and I am getting tired of it this is going on over a month now. Can someone please give some advice please on the grounds that I can take these people to small claims court. What type of information do I need to have so that I don't look stupid in court?
Answers:
If you bought the house with the cabinets in them, then you would sue the owner of the house or the realtor. If your nephew was injured, that's a personal injury case, and would not be allowed in small claims court.
Look in the yellow pages for a personal injury attorney, or call your local bar association for a referral, and get an attorney who works on contingency and will give you at least a free initial consultation. I think you'll find out that you're entitled to a lot more than small claims damages.
Why small claims court? If your nephew was injured, he has a major case, worth $250,000 in a heartbeat.
As to you, well, you have no contract with the contractor, right? You bought the house with these new cabinets, right? So you would sue the person from whom you bought the house and they would bring the contractor in. You would be suing the seller of the house because they sold you a defective product...the cabinets. But if you go to small claims court, you will NOT be taken seriously.
Anything worth doing is worth doing right. Talk to a lawyer.
Well there are several things that are unclear.
1. Did you buy the house new?
2. If you bought the house from someone else, did you have the cabinets installed?
3. Did the previous owners tell you that the cabinets were weak?
If you bought the house new, where no one lived in it prior to you, and the cabinets were just installed then you can come against the installers, BUT, if you bought the house from someone else, and the cabinets have been installed for a good while (years), than the installers are not who you need to pursue. You need to file a claim against the previous owners. It is the responsibility of the previous owners to notify the buyers of any known defects in the house. Proving it may be a problem.
This would be a claim you would make as a home owner. Regarding your nephew, if a suit was to be filed on his behalf, it would be against your homeowners policy, because he was in your home and was injured, in turn, your homeowners' carrier would file a 3rd party suit against either the previous owners or installers.
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