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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55162
Experience:  Qualified Solicitor
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I had a kitchen fitted 3 years ago by a builder who also built

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I had a kitchen fitted 3 years ago by a builder who also built the extension that housed it. We had a standard contract. Last night one of the wall cupboards tore free from its fixings and crashed to the floor causing considerable damage on the way. Who is liable?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you know what caused this? Was it actually an incorrect fitting by this builder?
Customer: replied 3 years ago.
I don't know what caused it as I am no expert but the cupboard seemed to have been attached to the wall using the fitted brackets on the cupboard. I don't know whether the cupboard company issued instructions on how they should be fitted and whether these were followed or whether the cupboard company provided screws. I can try to find out?
To be able to take the matter any further you must be able to show that whoever fitted the cupboard did so in a negligent manner. As you did the manufacturer may have included specific fitting instructions and if these were not followed and that caused the detachment then the fitter would be liable. Saying that you would still have to show that the way they fitted it was done in a manner which no other reasonable person in their position would have done. For example there may have been an alternative and equally as safe method of fitting these cupboards even if not strictly adhering to the fitting instructions although it must have been secure enough to be comparable to the formal fitting instructions. So you would have to prove that the way it was fitted was unreasonable and not safe and that this caused the detachment. You may need to get an independent builder with experience to be able to verify that.
Similarly, if the actual materials as purchased by the manufacturer were faulty and gave way, causing the detachment then it would be the manufacturer who is liable.
Unfortunately all of this would require you to do the leg work and to obtain evidence proving what actually caused this and to then link it to the party which you believe is negligent and liable. Once that has been done you can approach them and try to negotiate for compensation, before considering whether to take this to the small claims court for formal resolution.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 3 years ago.
Thanks. What if the materials were not faulty and had been fitted correctly but were simply not up to the job of keeping the cupboard and contents attached to the wall?
then that would be the manufacturer's fault but again it is up to you to prove that was the case and you may need someone with knowledge in the industry to confirm that
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