legal question

Post by **DangerPaul** » Wed Feb 08, 2006 1:57 pm

Sold I was sold a type of flooring for my house and was told on 3 different occasions that it would withstand my dogs. I was also told on several occasions that the floor could be refinished up to 3 times if necessary. Well my floor didn't last even 5 months before it was shot. The company is telling me they cannot guarantee damage from dogs and it would have never been sold to me that way. So I called another company to come out and refinish the floor and they say it cannot be refinished at all. So I decided to sue the company that sold it to me, since they basically told me tough shit when I complained about it and I was sold a product for $7000 that is no where near the quality I was told to expect.

Now I have sent a claim against my homeowners insurance so that I can get this floor replaced that has been destroyed. I am basically suing the company for selling me an inferior product and using my insurance to pay for a repair. Is it illegal or is it insurance fraud?

The Kizzy · Post by **The Kizzy** » Wed Feb 08, 2006 1:59 pm

You may want to be sure your poolicy covers that breed of dog. Lots of them wont.

Did you have anything in writing? If you do us your insurance to cover the tab, they will expect restitution if yuo win against the flooring company

Tuggan · Post by **Tuggan** » Wed Feb 08, 2006 2:00 pm

5 months? What kind of flooring is it?

and I think you might want to trim some claws.

Post by **DangerPaul** » Wed Feb 08, 2006 2:02 pm

The dogs are gone and were mutts, so not an issue any longer. It had nothing to do with the length of their claws, the floor wood used was entirely too soft. I dropped a glass and it goughed a big dent in the floor.

I guess my argument is this. You buy a car and it is a lemon. If you sue and win most of the time you get a portion of your money back and keep the car. If two weeks later some bozo hits you and wrecks your car, the insurance company cannot come back and tell you they won't pay for it, since you got your money back, am I right?

The Kizzy · Post by **The Kizzy** » Wed Feb 08, 2006 2:07 pm

Even if the dogs are gone, it doesnt matter. The dogs did the damage, look at your policy to see if they are covered.

Look at the contract with the flooring company, and also any sites that might have informatioin on that brand of flooring.

Maeya · Post by **Maeya** » Wed Feb 08, 2006 2:54 pm

Could you do something sneaky and underhanded like get one of your friends to go there and ask about the same floor? Ask if it's dog-proof and refinishable? Either somehow get it in writing or maybe have them record it?

Post by **DangerPaul** » Wed Feb 08, 2006 3:03 pm

Well the insurance company said domestic animal damage is not covered under my policy, so its no longer a legal issue, I will simply continue with my lawsuit.

Maeya, I could, but I guarantee after the hell I raised over it, they are not going to promise anyone again that it is dog proof.

Zanchief · Post by **Zanchief** » Wed Feb 08, 2006 3:04 pm

Steal 7,000$ worth of merchandising from them.

That or destroy 7,000$ worth of property.

Either way.

Kramer · Post by **Kramer** » Wed Feb 08, 2006 3:20 pm

Unless you have written proof, or other proof, that they promised it would stand up to the dogs, I can't see that you have any way of proving that they sold you something on false pretenses.

sucks.

lareau · Post by **lareau** » Wed Feb 08, 2006 3:56 pm

Unless you have something in writing, I think you're Fucked.

<--- Not a lawyer though

Captain Insano · Post by **Captain Insano** » Wed Feb 08, 2006 4:01 pm

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If any of you clowns wants to sign up let me know.

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Kramer · Post by **Kramer** » Wed Feb 08, 2006 4:23 pm

/agree wholeheartedly

Eldred · Post by **Eldred** » Wed Feb 08, 2006 5:27 pm

That sucks I just refinnished my kitchen with laminate wood flooring, went w/ laminate specifically because it stands up much better against all types of abuse vs wood floors. In the store I had a rock in my shoe and dragged it across the flooring that I got to see the damage, it was minimal and it rubbed right off.

Back to the law suit it's pretty much going to be your word vs. the salemans word witch I'm sorry to probally isn't going to get you very far.

Post by **Ganzo** » Wed Feb 08, 2006 9:19 pm

Paul, what is exact name of the floor they sold you, who installed it, specificaly what kind of dammage, give me some more detail and i'll tell you exactly where you stand and what you could claim from company. Most likely you need to deal with manufacturer if the store is not honoring your claim, since the wood has manufacturer's warranty.
I own a flooring store so i can give you full insight on it.

Eldred, laminate is not wood, it's a pressed cardboard with picture glued to the top and clear plastic glued over it, but it's still supperior to wood in resilience.

Phlegm · Post by **Phlegm** » Wed Feb 08, 2006 9:29 pm

Hey Ganzo, what do you think of the Pergo flooring? Is it as good as wood floor?

KILL · Post by **KILL** » Wed Feb 08, 2006 10:49 pm

dunno about the durability, but i have seen pergo floors in several homes.

imo, it looks cheap and plastic. like the kind of flooring you would find in a mobile home.

Eldred · Post by **Eldred** » Thu Feb 09, 2006 7:13 am

I know laminate isn't wood, was making referance to it's finnish.

Post by **Ganzo** » Thu Feb 09, 2006 7:19 am

Phlegm wrote:Hey Ganzo, what do you think of the Pergo flooring? Is it as good as wood floor?

pergo is:

Ganzo wrote:laminate is not wood, it's a pressed cardboard with picture glued to the top and clear plastic glued over it, but it's still supperior to wood in resilience.

personaly i belive that Pergo brand is way overpriced, realy any laminate will look like cheap plastic unless you buy high end Quick-Step or WilsonArt or Tarkett that is made in individual 3-4" wide planks with beveled edges, because that stuff looks like real wood assembled. But than expect to pay $5-7 per sq. foot, and for this kind of cash you can get good real wood.
If you want ease of snap installation and insane duarbility, buy Khars hardwood, it's made for sport floors, like basketball courts, and can take insane ammount of beating, but still is real hardwood, only downside is it'll run you $10-12 s.f. for materials only.

Post by **DangerPaul** » Thu Feb 09, 2006 6:12 pm

Ganzo read your PMs.

kaharthemad · Post by **kaharthemad** » Sat Feb 11, 2006 8:49 am

jeez man post info here. Im about to redo my fucking kitchen I dont want the same shit you got.

Post by **Ganzo** » Sat Feb 11, 2006 11:18 am

fell free to ask me Kahar, after all this is what i do every day

kaharthemad · Post by **kaharthemad** » Sat Feb 11, 2006 11:47 am

ok looking at a nice flooring not ghetto lenolium(sp?) possibly ceramic and or Hard wood flooring. We have 100 year old hard wood floors in the house right now(all covered with berber carpeting since the old landlords did not know wtf flooring was) I want a durable yet affordable solution there. Yes, I can lay it myself I have done flooring in the past so it is no sweat.

I have been planning on removing some of the carpeting in the house and going back to the hardwod floors. they need a little sanding and resurfacing but for the most part they are still in fairly good shape

Post by **Ganzo** » Sat Feb 11, 2006 12:26 pm

If you cook alot, ceramic is verry hard on your feet. Laminate is good solution since you can get good ceramic or hardwood look in it, and if you go with higher end product in WilsonArt of QuickStep brands you will not be able to tell it apart from real product, but get duarbility and less of a strain on your feet. Depending on where in US you are prices will varry but i tnink you should expect to pay from 3 to 5 dollars per sq.ft., and you can install it yourself fairly easy. Use good underlay like Quiet-Step, about $35 a roll of 100sq.ft. Do not buy A-Lock, Pergo, Kwick-Lock, Shaw, or Mannington laminates, because they overpriced or poor quality. Also do not buy anything under $2 sq.ft. cause it's china and will turn to shit in few years.

If you decide to do ceramic, buy few rubber pads and throw them by sink and stove and spot that you usualy stand when preparing food, so you don't break dishes when you drop them or chip tile. Do not buy anything made in China, Columbia, Brazil, or Turkey. I would recoment to buy porcelain made in Italy, Spain or US. Brands like Grespania, Atlas Concorde, Caesar Ceramics, Pamesa USA, Saloni, American Marazzi, Daltile, Florida Tile, Happy Floors are all good and I would stay with one of those. price will range from 3.50 to 6.00 dollars.

If you want soft floor, gey Fiber Floor from Tarkett or Balta. It's similar to linoleum but has rubber backing so it is soft and warm, and made with fiberglass core so alot more durable than linoleum, The look is still old gheto tho.

For rest of it, rip out carpet, sand your wood, fill all gaps and cracks with wood filler putty, buff, stain if you want and finish at least twice with semi-gloss or satin.

Adivina · Post by **Adivina** » Sat Feb 11, 2006 12:47 pm

Yeah my mother has stone tiles in the kitchen and let me tell you

1) They totally killed any barefoot cooking I ever did in that house, tiles are cold as a motherfucker

2) Hard hard hard, makes you ankles hurt after standing on them too long, like when making a cheesecake or something else that takes patience and lots of standing time.

Tikker · Post by **Tikker** » Sat Feb 11, 2006 1:04 pm

i've got original hardwood in my house, and wouldn't have anything else ever again

the kitchen is linoleum tho, and we'll be replacing it likely this coming winter

I'm thinking a nice thick purple shag carpet will go nicely in the kitchen