Las Cruces, NM asked in Personal Injury for Texas

Q: Home Depot appliance installers damaged tile floor, matching tile impossible, are they responsible for floor replacemen?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It depends on whether they intentionally damaged the tile floor or were negligent in damaging it. Negligence is the doing something that a reasonably prudent person would not do under the same or similar circumstances, or not doing something that a reasonably prudent person would do under the same or similar circumstances. But appliance installers are not insurers against all possible damage.

If they intentionally or negligently damaged the tile floor, they could be legally liable for the cost to repair the damage tile. You must show the jury that the cost of repair is both reasonable and necessary. A jury could conclude that replacing the entire tile floor is reasonable and necessary because it is impossible to match the existing tile; or a jury could conclude that it is not reasonable and necessary to replace the entire tile floor.

I will mention there are a number of retailers who specialize in discontinued, hard to find tile products. Land of Tile is one. These businesses have tens of thousands of tile products for precisely this type of situation. Unless you had something really unique, it is most probable that a replacement tile can be found, although it may take some effort.

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