What can I do to hold company XYZ liable for the damages?

Questioner

The company XYZ installed a stair lift. Mistakes were made when measuring or marking out the correct data on the stairs. Now too many holes have been drilled that are visible. I have held the company responsible for this. And asked for a solution to repair this damage. After consultation, I was allowed to have a recognized painting company draw up a quote (€599.50) and send it to me. The company XYZ offers me compensation of €100.00 incl. VAT. The painting company has indicated that the entire staircase must be sanded, the holes filled and painted. All this to avoid any color difference. Now they are also asking when the stairs were installed (1972) and when they were last painted. Are these details relevant? I may assume that the company also has insurance for these types of cases. Or 'must' I accept the compensation and fall back on my home contents insurance? Kind regards,

Lawyer

It seems you are in a difficult position. Firstly, the details of when the stairs were installed and when they were last painted may be relevant. They may try to argue that the stairs were due for replacement or maintenance anyway. It is indeed logical to think that the company is insured for such cases, but that does not mean that they are also prepared to pay the full damage. It also depends on the exact terms of their insurance, and the policy of the company itself. As for your home contents insurance, that can be an option but there are often catches. It is wise to first inquire with your insurer whether such damage is covered. If you want to hold the company liable for the full damage, there are a number of steps you can take. First, you can submit your claim to the company in writing and by registered mail. In this, you clearly state what the damage is, how it occurred and what you expect from them to resolve it. You can also include the painting company's quote as proof of the costs. If the company is not willing to meet your demands, you may consider going to court. Depending on the extent of the damage, you can do this yourself at the subdistrict court, or you can hire a lawyer. Keep in mind that the costs for a lawyer and for conducting a lawsuit can be high. It may be wise to first consult a specialized lawyer or legal expert to discuss the best approach in your specific situation. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.