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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34329
Experience:  16 yrs. of trial experience
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I had a moving firm move our piano. The dropped it hard in

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I had a moving firm move our piano. The dropped it hard in the hallway. It left gauges in the floor. The repair job will cost about $800. They offered to rebate the moving fee of $250. Here's the sticking point-part of the floor was already damaged due to the door rubbing the wood sometimes.
Do you think I should ask for more in small claims cort or settle for their offer of $250.
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question

Your "sticking point" can mean the difference between the $250 and $800.

Let me give an example.

Lets say this was a car accident. Say your car had a small ding on the fender already...and the accident causes damage to the same fender in a different location.

And based on the location, it will cost more to fix both dings than the one ding the accident caused.

In that case, you would only be able to sue for the cost to repair the ding that was caused by the accident.

Lets change the facts again.

Say this time it is an accident to the fender...but this time the ding is right on top of the old one. In that case, you would be able to sue for the entire amount.

The same principals of liability will apply here.

If the pre-existing damages will cause the total repair cost to increase then the moving firm has a good argument they are not liable for the entire amount.

But if this is a case where it would cost the same to repair the damage they did regardless of the prior damage? You can sue for the entire amount.

Simple as that.

Customer: replied 5 years ago.

I am not sure I understand.

The whole hallway had to be replaced anyway because of prior damage.

Their damage came later.

Would you think they are responsible?

Expert:  P. Simmons replied 5 years ago.
If their damage was minimal compared to the pre-existing damage? Then you can not make them pay for the entire repair cost.

IF that is the case take the $250 and call it good.

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