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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, We have an issue where we have damaged a clients carpet

Customer Question

Hi, We have an issue where we have damaged a clients carpet during carpet cleaning as a result of a machine malfunction. The carpet has a small stain and a small black burn mark that we have caused, and admitted is our fault. However the carpet is very old and even has a patch of another carpet sewn into it where it is so worn. Our issue is that the client wants to claim for a brand new carpet which costs around £750. Whilst I understand a repair is not possible,I believe it should be compensation for the existing value of the carpet, not the cost of a brand new one, similar to what happens in a car accident. Please can you give us advice on this issue? The client admits the carpet is old and worn.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You are correct, a replacement should be like for like and your client is not allowed to profit from this but to be put back in the same position as he would have been had the damage not occured.

You may tell the client that you have taken legal advice and are within your right to offer him compensation for the existing value of the carpet damaged, not for a brand new one.

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Customer: replied 2 years ago.

Hi, The value of the carpet is estimated at £750 for a brand new carpet, how much compensation should I offer ? Also is this paid as a settlement by way of cash/ cheque to client ?

Expert:  UKSolicitorJA replied 2 years ago.
How much was the clients carpet at the time it was damaged? If it was worn out, then it's value would be less, if it was in new like condition, the value would be more.
I would suggest that you agree with a figure with the client where both of you are happy.
All the best