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Question

I am the defendent in a small claim in NY. Plaintiff wants me to pay ($650) to replace carpet in her 08 subaru legacy that my 11 yr old vomited on and the stain can not be removed. At initial appearance, the judge seemed to lean toward her right to have the carpet repaired, despite a discussion about her comprehensive policy ($500 deductible, of which i should cover) covering part of it. I offered to have carpet professionally dyed but she claims people in auto business say it will not last. I have people in the detail and repair business that say it will last and that it is a perfectly acceptable repair. Insurance friends say it should be thrown out due to no negligence or mal intent, but I have nothing to back it up.

Submitted: 371 days and 21 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Albany, New York

Already Tried:
I have made email offers to plaintiff:
she accepted and had the carpet professionally cleaned
she did not accept to have the carpet professionally dyed, because people in the auto business said painted on dye would not work. I asked her to try calling a professsional that would dye, not paint, the carpet. I asked the judge at the preliminary appearance why her comprehensive would not cover. He seemed to think I should cover the $500 deductible. Case is set for Nov 25 trial in Albany, although we both live outside the city. Need reasoning for why this either should not be charged to me or that dying is acceptable, or worst case, only cover the deductible with a guarantee that she pay for and actually have the carpet replaced (how do we know she is not only in it for the money?)

Posted by INFOLAWYER 371 days and 21 hours ago.

Info Request

what is your question?

371 days and 21 hours ago.

Reply

What is my defense to this claim, if any? Am I responsible in a small claims court to pay for the replacement of a carpet that my child vomited on? If not, then what is the legal argument and what historical case law backs it up? If so, then is the carpet dyeing a reasonable offer or is replacement of the carpet necessary?

Accepted Answer

You are responsible for repairing the damage caused. If here, cleaning is sufficient, then replacement would be excessive and the burden is on you to show that cleaning would work and on the landlord to show otherwise. consider settling for an amount in the middle to save the time and expense.

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Expert: INFOLAWYER
Pos. Feedback: 97.0 %
Accepts: 
Answered: 11/17/2008

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