We hired Lowes, we love Lowes! They installed a new 50 Gallon Hot water Tank for us. Next morning our basement was filled with water! Lowes came straight over and fixed the tank but the water ruined everything even the wall. Took them months to tell us it was not there fault? It is incredible since the installer told us he was so sorry and that you can't trust those.. He was talking about a part he put on? Please help us someone, anyone... This happened in June and still they never sent anyone here besides the insurance lady who was really nice. She told us she wrote it up for 10k when she came back out to look where our laminate floor right above was all coming apart like warping! Lowes will not return our calls because we asked if we need to get a lawyer. They say because we mentioned the word lawyer they can't talk to us? CRAZY? They are flushing us down the drain please someone advise us.. Please and Thank you, rant over...
You can first check to see whether or not you had homeowners insurance and whether or not they would cover the property damage caused by the leaking heater. You would probably have a good claim against Lowe's you should determine the amount of damage to your property and send to Lowe's a claim letter asking them to refer to their insurance carrier. If you do not receive an appropriate response you can take them to court and sue them for damages. You may wish to consult an attorney should your recourse be to the court
The installer's statement is not going to be admissible at a trial because NY has a speaking authority requirement and an installer does not have authority to bind the corporation. Whose insurance carrier inspected? Did anyone have a professional engineer inspect to determine the cause of the damage? If you have home owner's insurance that is the easiest way to go.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Your insurance should cover it, and they will sue Lowes. If you are too late to file a claim, or had no insurance, then you have to sue. Add up the damages, make repairs and save all receipts to make a claim. Take pictures of damage if not too late.
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