Kitchen supplier liability | Free legal advice

Questioner

Last January 26, 2012, a car crashed into our front facade, causing extensive damage to the facade and the kitchen. The kitchen was dismantled by the kitchen supplier on 05-04-2012. Yesterday when we got home we noticed that three chests of drawers (which were stacked) had fallen over, the chests of drawers were badly damaged. Because of this two extra chests have to be ordered and paid for. 18-04-2012 I spoke to the service department of the kitchen supplier about this by phone, they indicated that this is not the responsibility of the kitchen supplier, but that we are responsible for the damage. This surprises me very much, after all we did not stack the drawer cabinets like that. The service employee of the kitchen supplier indicated that it cannot be the fault of the fitter, because the drawer cabinets had been stacked like that for two weeks. In my opinion this is a fallacy. After all, the drawer cabinets should have remained standing for three weeks, and should not have fallen in the first place, with the way the service employee thinks it is about things remaining standing for a limited time, after that it does not matter anymore. Then she reported, after a telephone consultation with the fitter, that he had done his best to put the drawer cabinets down firmly. I believe this without a doubt, I do not dispute the intention of the fitter, but even with the best intentions mistakes can be made. The fitter had also said that it could not fall, I find this to be an arrogance that is unparalleled. After all, it did fall and everyone makes mistakes, including this fitter. With this way of working, the kitchen supplier benefits from the falling of parts of the kitchen, because more parts can be sold. I am not saying that this is the goal, but it is the practice. I find it unacceptable that we should have to pay for a mistake by an employee of the kitchen supplier, this feels like the arrogance of a large company against an individual citizen. This is reinforced by the fact that one of the chests of drawers had fallen in a place where my seven-month-old daughter often sits in her high chair, had this been the case at the time of the fall, the damage would have been incalculable. My question is whether I can hold the kitchen supplier responsible and have them reimburse me for the two new drawer cabinets and their installation.

Lawyer

There is a contract of assignment. The kitchen supplier has undertaken to dismantle the kitchen and store it safely. If this is not the case, as you indicate, then there is a failure to comply with the contract of assignment. This failure has caused consequential damage (in the form of two drawer cabinets and their assembly). If there is a failure to comply, you must put the other party in default. This is not the case for consequential damage. No notice of default is required for this. In other words, the kitchen supplier is directly liable for the damage. It is therefore important to hold the kitchen supplier directly liable. Do this in writing (possibly by registered mail) so that you have proof of this. You can find an example of a liability claim via Google. If the kitchen supplier does not respond positively, you may want to hire a lawyer.

Questioner

What about the burden of proof? It's our word against his in this case, very frustrating. If the manufacturer does not respond positively to the liability claim, we may consider hiring a lawyer, but do the costs outweigh the benefits?

Lawyer

That seems frustrating to me indeed. With regard to the burden of proof, 'he who must assert, must prove' applies. In short, when you hold the manufacturer liable, you will have to make it plausible that he is responsible for the damage. Now I am less familiar with the kitchen business, so I cannot indicate whether this liability is difficult to demonstrate. Perhaps you can inquire with a (different) kitchen manufacturer. Or an initial consultation with a lawyer, for which no costs are often charged. Finally, I would like to advise you to consult the general terms and conditions before holding the kitchen manufacturer liable. It is possible that there is a provision in it that excludes certain liabilities. Such a provision can stand in the way of your liability claim. Good luck with determining your chances and possibly taking further steps. Kind regards