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We are wondering if we should take a legal route with this

Hello: We are wondering if...
Hello: We are wondering if we should take a legal route with this matter. We hired a cleaning service for my daughters home. The cleaners turned on the self cleaning oven to clean it but did not check the inside of the oven. My daughter had left 2 frying pans in there with plastic handles. When we returned the house was full of smoke and the smoke alarms were going off. The house and everything in it had a burnt plastic odor. This all happened Nov 6th and we have been trying to deal with the cleaning company with no luck. We had a smoke damage company come in and they gave us an estimate of 6,000.00 to attempt to remove the odor. This did not include any dry cleaning for material possessions. So my question is, is it our daughters fault for leaving the frying pans in the oven or the cleaning company for not checking the oven
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We are in Ontario Canada
JA: Has anything been filed or reported?
Customer: with a lawyer? No. Stephanie talked to her insurance company but we feel it should be the cleaning companies insurance that covers this, as Stephanies family does not need raised insurance premiums
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of at this point
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Answered in 17 minutes by:
11/23/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,164
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Did she ask them to turn on the self-clean feature of the oven?

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Customer reply replied 23 days ago
We did pay for this service to be done.

Do you mean that you check off or list what you want done?

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Customer reply replied 23 days ago
it was not put on any contract to my knowledge. It was a verbal conversation based on the degree of cleaning options that they offered.

Your daughter made an error and should have thought to remove the pans but really these are supposed to be professional cleaners and they certainly should have known better. We all know to remove all items from the oven before turning on this feature. As well, they must have smelled the smell while still working there.

I believe your daughter would have a strong case in court. Worst case scenario they court may say they both contributed to the damages but I think that the court will find that your daughter should have been able to reply on the fact that they knew what they were doing.

I suggest she send them a letter demanding full payment by a deadline that she provides and making it clear that she will sue them otherwise.

And then she can sue them in Small Claims Court and can self-represent. If it gets that far and your daughter finds she needs some help as she goes through the process she can always post on this site again and I can assist her further.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 23 days ago
After informing them of the smoke damage and cleaning they had not done, they offered to come back the next day to remedy the situation as they wanted us to be happy. They then charged us for not only the first day of cleaning with no adjustment to the bill but they also charged us for the second day. We have not paid either of these bills which of course they are demanding we pay. We did forward them the bill from the restoration company and they have stated they will not pay any of this. Is a $6,000.00 bill small claims? Do we need to pay the original bills?

You can sue for up to $25,000 in Small Claims Court. You should not pay them a thing for now. At the end of the day after they pay you all your daughter is owed by them they will be owed for the first day only.

Debra
Debra, Lawyer
Category: Canada Law
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Customer reply replied 23 days ago
one final question. Is there a time limit for this?

The limitation period for suing is 2 years but the insurance company may have a much shorter time frame for making a claim and in case your daughter looses in Court or only partially wins she may want to be able to put in a claim to her insurers.

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