sdexcalibur wrote:
OK, Well the report said it was enviromental, and could of used more expansion, This was awhile ago. Anyway in the mail today, well yesterday we got a letter. basically we are getting sued and that we have 10 days to cut a check for 50,000, If not we will incure tripple damages, We can't contact them in any way shape or form. So I guess we will have to see what happens. We do have liability but It will be real interesting.
Steve
Under what legal theory would the damages be tripled?
I assume the $50K number is for costs incurred to lay the wood (and the cost of the wood itself) and then costs to remove. Basically to make the homeowner whole. Tripling of damages could only happen under very specific circumstances that would require them proving some type of gross negligence or intent.
I'm not convinced they would win that argument. But I suppose it is at least somewhat colorable, depending on the particular circumstances.