Seeking fair remedy advice for accidental damage to a carpet

[magiver]

I am a self employed Gas Safe heating engineer.


A year ago I bled radiators in a customers home. A radiator leaked water for 3 days before the large pool was noticed (the floor was heaped with magazines and files).


While I accept responsibility for this, I think that the leak was an accident because when I bleed a radiator I keep my thumb and forefinger on the tool and would never fail to close it off. And this was a downstairs radiator with no air in it and I closed it immediately. It is possible that there was a fault with the radiator or some corrosion inside the thread which resulted in the leak. However, I was the one who touched it.



I immediately sent a professional cleaning service at a cost of £100 but the stains on the carpet from furniture could not be removed satisfactorily.



I have Public Liability insurance but did not act quickly enough to involve them so payment will come from my pocket. I am being threatened with County Court unless I pay the full cost of £1250 for a like for like replacement. Customer will not deduct anything for wear and tear (even though the carpet is about years old).


Customer will not allow me to get another quote from my friend who is a carpet fitter.


I have suggested mediation but customer says no. I am very keen to provide a remedy to my customer and hope someone from this wonderful Leagle Beagles site might advise me. I would like to find a remedy as soon as possible and I will pay her the full amount if you think it's right. I can afford this sum of money. I don't want to spend time in Court and hiring a lawyer to try and save a few hundred pounds (for wear and tear for instance). And although my customer has been aggressive and uncompromising, she is the one who has gone through a lot of stress.



Thank you for reading this.


Magiver
B.Eng mechanical engineering

[des8]

Re: Seeking fair remedy advice for accidental damage to a carpet

For this type of case, your client would be looking at recovering compensatory & special damages.
Compensatory damages are designed to provide restitution for the harm caused . The intent is to return the innocent party, as close as possible, to the position in before the incident.
Special damages allow a person to recover the out-of-pocket expenses incurred and include the reasonable replacement of any property damaged .

i would expect a court to award a new carpet similar in value to the existing carpet when it was new.

Wear and tear allowances do not enter into the equation (as they do in an insurance contract) as it is in practice not possible to purchase a used replacement, it would need to be new.

however you should insist on being able to source and have fitted the carpet by your friend.

[magiver]

Dear DES8, thank you most kindly for your advice. I will do exactly as you suggest. But if my customer refuses to allow a third party to fit the new carpet, I will not quibble because I do want her to feel happy with the outcome.
Magiver