Dayton, OH asked in Consumer Law and Construction Law for Ohio

Q: I purchased a shower surround wall and base from a local Lowes store in 2015. It is leaking in two cracked places.

The removal estimate and install of new, is $6800.00. Lowes will provide a new shower surround wall and base but will not pay for the removal or installation of the new. What is my recourse?

1 Lawyer Answer
Mark Martin Turner
Mark Martin Turner
Answered
  • Consumer Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty?

If the cracks or because of misuse by the consumer, you may not have any recourse.

If the cracks are due to a defect in the product, you then need to look at the product warranty. The warranty should state the period of time it is good for and what is covered. Manufacturer can warrant only the product itself and not the removal or installation of a new product.

If the cracks are due to faulty installation, then you would have a cause of action against the installer. That would be a consumer claim for breach of contract and breach of the warranty to install in a workmanlike manner. Such a claim can include triple damages as well as attorney's fees being paid by the installer.

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