by Guest » Thu Aug 09, 2012 04:33 pm
A few weeks ago, a repairman (from Sears) came to my home to repair my washing machine. He forgot to put the hose back into the drain, which resulted in water pumping onto my floor for 2 hours. Although I removed the water immediately (with a shop vac) and put fans in place, my ceramic tiles started to crack (in the tile, not the grout). The cracks are present in my laundry room, kitchen and master bath. However, the tile runs continous throughout my dining room and foyer. The contractor has stated they cannot match the tile and grout. The insurance company has indicated they will only pay for tile replacement in the damaged rooms, in spite of the continuous nature of the tile. Is this correct, or are they obligate to replace the tile in all of the rooms?
Posted: Thu Aug 09, 2012 09:04 pm Post Subject:
Assuming what you've stated is accurate, the outcome of your situation is "state-dependent". The laws of the various states differ as to replacement of things like floor tiles and roof shingles for uniformity. Some states require it in whole, others only in the "area which has been affected".
If the tile cannot be matched and the entire floor needs to be replaced for uniformity, then you can demand the Sears contractor pay for that entire repair. Your state's law may not permit you to collect for all of that claim. But the repairman was negligent and his policy would pay according to what state law permits.
When you state the cracks are present in your laundry room, kitchen, and master bath, I assume there is a direct connection in the proximity of those rooms to one another. It may be unreasonable to expect the whole tiled area to be replaced simply because it is "continuous".
Not knowing which state you are in or what your actual floors look like, it's not really possible to tell you what you are entitled to.
Make your claim for replacing the entire contiguous floor, and see what happens. If you don't like the answer, you may need to contact an attorney.
My other, and perhaps, more important, concern is with your opening statement:
my ceramic tiles started to crack (in the tile, not the grout).
This does not sound entirely logical to me. I've experienced similar circumstances with regard to my tiled kitchen floor -- the waste line clogged and a floor drain disgorged gallons of water while I was busily washing dishes, not realizing I was standing in a veritable flood. But none of my tile was adversely affected. I vacuumed up the water, dried the floor with a mop, figured out where the clog was and cleared it, and then went back to finishing my task at the sink.
If your grout was in good condition, how would water cause your tile to crack? Glazed tile does not absorb water through the surface. Water beneath the surface of the tile is more likely to cause the tile to separate from the thin-set mortar holding it down, but I suppose could cause it to fracture instead. But most cracks in floor tile are usually the result of underlying surface movement or pressure on the tile from a fractured foundation beneath the tile, if not from exterior force (such as a heavy pot or other object falling to the floor)..
The damage you are claiming could have nothing to do with the leaking water if it was present to begin with, and the standing water could have made that damage worse.
If that's true, your claim could be denied. Then you'd have to find an expert witness to testify as to what caused the damage if you believe it was due to the negligence of the repair person.
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