Company that damaged property won’t refund deposit or take merchandise

UPDATED: Jul 11, 2017

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UPDATED: Jul 11, 2017Fact Checked

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Company that damaged property won’t refund deposit or take merchandise

Installation tech damaged business property
during instillation. Insurance covers damaged
areas, loss of revenue, but will not refund
deposit for merchandise or pick said merchase
up. What legal recourse do I have ?

Asked on July 11, 2017 under Business Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have not accepted a settlement from the insurance company and have not signed a release of your claim, your only recourse is to sue the tech's employer for negligence.
Negligence is the failure to exercise due care (that degree of care that a reasonable installation tech would have exercised under the same or similar circumstances to prevent foreseeable harm).  The employer is liable for the negligence of the employee which occurred during the course and scope of employment.

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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