Can you sue a monument company for a a botched up headstone?

UPDATED: Jun 25, 2012

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Can you sue a monument company for a a botched up headstone?

My dad (80 yrs. old) tried talking to them twice. There were 3 major errors. First was the etching of a photo of my mom and dad. They tried to fix it but it still looks terrible. They also messed up the choice of crucifix and the position and quality of another etching that we provided them with. Bottom line they are telling us they can’t fix it and that we just have to settle. The entire family is very upset as this is something that we will have to live with forever. We want a beautiful headstone for my mother and do not want to “settle” for something unsatisfactory at the cost of $3,000.

Asked on June 25, 2012 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is, what is meant by "botched up":

If they followed all instructions and the headstone is of acceptable commercial quality, then you would have no cause of action: you can't sue someone simply because you are not personally satisfied, if the product (the headstone) is as more-or-less good as the average product (headstone) out there.

On the other  hand, if the headstone is below generally acceptable commercial quality and/or they did not follow your instructions, when you may well have a legal cause of action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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