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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I purchased a large window glass order from a glass Co. in

Customer Question

I purchased a large window glass order from a glass Co. in my county. The glass was delivered and bought from a large National glass Co. The National Co. sent a Rep. here to oversee the installation. While he was here he backed over two mailbox's and totally destroyed them. I had to have them bought and reset costing me $607.00. Am I allowed to take the National Co. to small claims court naming the local glass Co. as a representative of the National Co.? Or do I take the local Co. to small claims for the amount as they are a rep. for the National Co.? The National Co. presented me with a two page release form but had not paid the bill. I refused to sign the form until the claim was paid.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

You can sue the National Company.
Generally the local company is not going to be responsible for the actions of the national one. (Liability works 'uphill' - meaning the employer is liable for the actions of his employee, or the principal is responsible for his agent, not the other way around).

Review the terms of the release that you were presented with very carefully, they may be a settlement agreement - where the company is agreeing to pay for the damage done, in exchange for you waiving any other claims against the company. If this is the case, you may consider signing it (or some other agreement), in most cases where a settlement is reached, the settlement is signed before money exchanges hands (you don't get paid before the settlement is signed).

(With the above being said, I am not suggesting that you blindly sign whatever document they send you, if you don't agree with the terms of what they have sent you, then don't sign the document, you can negotiate for different terms, try mediation, or go to small claims court).