Unfortunately, since the unit was improperly installed your recourse would be against the party who installed it and if they are out of business, then you have nobody to recover from. Now, if the person who did the install was not properly incorporated as a company or an LLC
or if you can show negligence on the part of the installer himself, then you could sue the installer himself for the negligence or you could sue the company or LLC if it has not properly wound up business (meaning filed closing papers with the secretary of state). The problem is that if the business is closed and did not close properly, if you sue, they will close properly and declare bankruptcy
. As far as the installer, if you prove the installer negligent you can still try to go after him for the money it is costing you.
Another expert pointed out that I may not have been completely clear, when I was referring to suing the installer, I was meaning the actual installer who was negligent. If the actual installer was an owner of the corporation
or the LLC, then generally they can still be held liable for their individual negligence, especially if you can prove it was outside of the scope of their employment.
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