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My AC line was improperly placed touching the underside of…

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My AC line was improperly...
My AC line was improperly placed touching the underside of roof deck. On re-roofing the house a nail punctured the Freon line and cost me $2300 to repair. Can I sue the AC company to recover this cost. Does this have any legal merrit in small claims court.
Submitted: 2 years ago.Category: Legal
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Answered in 10 minutes by:
3/6/2016
Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,446
Experience: Over 30 years of experience
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Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, you can bring a negligence action on the installation of the AC line. You do not indicate when the installation took place but normally any negligence claim commences from the time of the discovery of the negligent action.

Small claims court in Texas is called "Justice Court." This link describes the process for bringing an action. The limit for an action is Justice Court is $10,000.00.

You will want photographs of where the line was set and an affidavit from the people who did the repair explaining that the line was improperly set.

Your County Court will have the forms you need. In the meantime here are forms that you can review from Harris County (Your County Forms will be substantially the same:

http://www.jp.hctx.net/forms/

You can get additional information here:

http://texaslawhelp.org/issues/consumer/small-claims-court

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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