How to File a Lawsuit Against a Swimming Pool Installer
If you have suffered damages at the hands of a swimming pool installer, then you may be able to file a lawsuit in order to seek compensation for these damages. There are multiple types of lawsuits you could file against a swimming pool installer depending on what the claim is. But in general, there are likely two types of claims you would file against this type of service provider: a personal injury claim and a violation of contract claim.
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Instructions
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Filing a Personal Injury Claim
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Gather evidence of the injury you sustained. An injury can be either mental or physical. If you sustained physical injury because of a faulty pool installation, then you will want to take pictures of the pool and your injuries, get copies of your medical records and bills and write down the information of any witnesses to the specific accident that caused your injuries.
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Consult a personal injury attorney that has experience handling similar claims. Your attorney will likely take you on a contingency basis, meaning you only have to pay him if you win your case.
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Have your attorney write a demand letter to the swimming pool installer. This letter will outline your evidence and injuries, provide notice that you intend to sue and state a settlement amount. If the swimming pool installer agrees to this amount, then your case will be over. Otherwise, you will have to go to trial to collect.
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Have your attorney file a petition with either the county court where the injury occurred, where you live or where the swimming pool installer does business. If the amount exceeds $75,000 and you and the pool installer are in different states, you may be able to file your case in a federal court.
Filing a Breach of Contract Claim
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Consult a lawyer who specializes in breach-of-contract cases.
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Present to the lawyer a copy of the contract in question and review what part of the contract you feel the swimming pool installer breached. For example, perhaps he did not finish the installation, or his installation did not meet agreed upon specifications.
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Collect evidence to support your claim. Take pictures of the pool, specifically focusing on any element that constitutes the contract breach. Provide your lawyer with any receipts or quotes from the swimming pool installer. If you have any notes regarding communications with the swimming pool installer, provide those as well.
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Have your attorney file a petition with the county court where either you live or where the pool installer does business. The petition should sate what type of remedy you are seeking, whether you want the pool installer to fulfill his contractual obligations or reimburse you for any economic loss you sustained as a result of the contract breach. If the contract had a clause regarding penalties for breaching the contract's terms, the pool installer may be required to pay you the damages outlined in the contract..
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Tips & Warnings
Consultations with lawyers should be free. Visit with several attorneys to assess your case before choosing the one you want to represent you.
Understand that if you are filing a personal injury claim against a swimming pool installer, it is your duty to prove that the installer's carelessness somehow caused your injury. If your own carelessness caused the injury, you may not be able to collect any damages.
References
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