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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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My AC line was improperly placed touching the underside of

Customer Question

My AC line was improperly placed touching the underside of roof deck. On re-roofing the house a nail punctured the Freon line and cost me $2300 to repair. Can I sue the AC company to recover this cost. Does this have any legal merrit in small claims court.
Submitted: 9 months ago.
Category: Legal
Expert:  Gerald, Esq replied 9 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, you can bring a negligence action on the installation of the AC line. You do not indicate when the installation took place but normally any negligence claim commences from the time of the discovery of the negligent action.

Small claims court in Texas is called "Justice Court." This link describes the process for bringing an action. The limit for an action is Justice Court is $10,000.00.

You will want photographs of where the line was set and an affidavit from the people who did the repair explaining that the line was improperly set.

Your County Court will have the forms you need. In the meantime here are forms that you can review from Harris County (Your County Forms will be substantially the same:

http://www.jp.hctx.net/forms/

You can get additional information here:

http://texaslawhelp.org/issues/consumer/small-claims-court

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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