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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Can I sue for lost wages in small claims

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Sears delivered washer and dryer without stacker kit. Stacker is used to secure appliances because dryer very easily slips off of washer. Numerous attempts to resolve w store mng, store dept mng, delivery dept. Promised call back to me unfulfilled. Finally went to store to resolve no resolution. I purchased 2nd stacked kit and was charged because I was concerned about safety of family. 2nd kit was delivered and installed. Filed complaint w Better Business Bureau to ask for $25.99 credit for original stacker kit which I never received. Rec call back from Sears stating that I would rec $25.99 credit + $75 gift card. But on BBB response, Sears said that I clearly signed and received original stacker kit and I would only receive $75 credit. And stated that there was no way they would stack the applianced w/o stacker kit. Now its taken so much time from me and my husband who is self employed to resolve that I want to know if I can sue for lost wages appx $1030.99. Calif small claims. Thx

DearCustomer- You can sue if you wish but I do not believe you have a good cause of action. Lost wages are damages that flow from negligence in cases involving injury. They are a foreseeable occurrence in the case of injury however you would really be stretching the point that you actually lost work over some product dispute that could have been handled during the time you were off of work.

The fact that you used work time to try to resolve the issue was your choice unlike being unable to work due to an injury. So, yes you can sue but I don't believe there is any reasonable chance of recovery of the "lost wages".

David Kennett - JD - Attorney at Law

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