You can hire a plumber to do some work on your home’s plumbing system, such as pipes, showers, toilets, and sinks, but your pipes burst or other problems occur due to negligence on the plumber’s part. Some plumbers may claim that they are not legally liable for some of the damages that occur in your home after a plumbing job but you need to know that you can sue a plumber for negligence if you have suffered damages following the plumbing work done on your property. Here’s how to sue a plumber for negligence and you can visit https://calltheplumberguys.com/texas/san-antonio-tx/ for more information.
You need to know a few things about your case before you decide whether or not filing a lawsuit would be worth your time. First, you need to ask yourself whether you have a good case, whether you are comfortable with the idea of out-of-court settlement, or whether this is the best option for you and you’re confident you can collect if you win. If you answered yes to all of these questions, then you should probably go ahead and sue.
Having a good case
It is advisable that before you sue a plumber you should have a good case to present before the judge. Lawyers break each lawsuit to determine whether it meets the legally required elements. In this regard, it means that if you know what these elements are for your specific type of lawsuit then you can determine whether or not you have a solid case. Suing a contractor for a substandard job, for instance, would because of breach of contract. By accepting and taking the job, the contractor agrees orally or in writing that they are going to do a great job that meets certain minimum standards.
You should also consider whether you can provide a legally binding contract between you and the contractor. Having a written agreement makes it easier to prove that you had an enforceable contract in the event that there is a breach of contract. You must also prove that there was no fault on your side and that you did everything as required under the contract and according to the terms of that contract. You must have made the payments as agreed upon or otherwise cooperated with the contractor by allowing them to do their job on your property. Similarly, you must also demonstrate that the contractor failed to meet their contractual obligations and this led to a breach of contract. Ideally, this is the backbone of the case, as you’ll have to prove that they failed to perform the task as agreed upon or did work of poor and unacceptable quality. Lastly, you must also demonstrate that you suffered a monetary loss as a result of negligence or breach of contract. This element should be relatively straightforward to prove, assuming the job has to be redone.
Consider an alternative
If there is an alternative, you may consider out-of-court settlement. So, you should not just rush to the courthouse to quickly file your lawsuit without first considering settling the dispute out of court. If you can talk with the contractor and negotiate to reach a mutually beneficial compromise then you should consider it. In that case, you can hire a mediator who is a neutral third party to help you reach a mutually beneficial position and solution with your contractor, as this could work well for everyone.
Consider whether you can collect
This is an incredibly important question because there is no reason to file a lawsuit against a contractor who is unable to pay. While most plumbing contractors and companies will pay what they owe, some may not be able to afford the money and will therefore not be able to pay. You should be able to determine beforehand whether the plumber has the money to pay. If it is a limited liability company, they are limited by the number of shares of the company and so their personal assets are protected. For a sole proprietorship, the plumber could lose their valuable assets if they lose the case to you. So, you should be able to identify a collection source, whether you can receive cash directly from their clients or take their property as settlement.
Therefore, you need to know how to sue a plumber for negligence before you proceed with the entire process. It is important to determine whether your potential case is a good one and you actually have grounds for suing your contractor. You should also consider whether you would be open to a compromise settlement out of court by involving a mediator. Lastly, you have to consider whether you will be able to collect if you win the case, as some plumbers may not have the money to pay you. Regardless, you should consult your attorney before you make your decision.
