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Is the plumber who moved my refrigerator liable for the damage caused to the linoleum?
Anonymous4 views3 answers
We hired a plumber to install a waterline behind our fridge. He noticed the fridge did not move out easily and asked his assistant to help him pull it out. Unbeknownst to us (the homeowners), a wheel under the fridge was damaged, and it caused tears and big scratches in our linoleum when they pulled the fridge out. Our own deductible is too high to bother with. Should the plumber/his insurance have to pay? It seems to us he should have taken precautions to protect the floor. He did reduce the price by $50, but that does not compare to the cost of the new floor. Does the fact that I paid him for the work release him from liability?
Sounds like both parties have some responsibility here. But I don't think your measure of damages is a new floor; linoleum can be repaired. As a practical matter (not a legal one) I'd get a bid for repairs and try to get the plumber to split it with you.
Unless you made an agreement with him to hold him harmless from the damage caused to your floor, you may still have some rights. Just remember that part of the problem relates to your defective refrigerator. Perhaps he should have been more careful, perhaps you should have been aware of the broken wheel.
This is not a case I would care to try.
