"Frank from Deeeetroit" wrote in message
...
On Apr 8, 8:43 pm, "Sanity" wrote:
"DerbyDad03" wrote in message

...





On Apr 8, 5:49 pm, "Sanity" wrote:
"Oren" wrote in message

. ..

On Thu, 8 Apr 2010 13:20:12 -0700 (PDT), DerbyDad03
wrote:

You're right, I stand corrected. As someone else pointed out, this
is
America and you can sue anybody you want. Actually prevailing in the
matter, well, that's a whole different story.

Reminds me a fellow, once, that had a dispute with his water
company.
The company turned off his water! He was going to "bring them to
their knees", and somehow made them humble :-/

Maybe he could have put soil in his toilets and grew vegetables?!

Guess who won...

Apples and pears.

Why does Lowe's have the manufacturer sign an agreement to guaranty
their
products. Lowe's knows that they are the first in line to get sued
and
want
to be protected. So if they are sued, they in turn will sue the
manufacturer.
Let me ask you a question. You go into an Italian restaurant and order
spaghetti and sauce. The cook opens a can of commercial sauce and
puts
it
on the spaghetti. You get food poisoning because the sauce is bad.
Who
do
you sue? The restaurant or the manufacturer of the sauce. The
answer
is
you sue the restaurant and he in turn sues the maker of the sauce.

Spaghetti and Manicotti

Lowes didn't "cook" the ice melting product. They didn't open the
package or change it in anyway. They are in no way responsible for
what happened to your concrete.

If you sue the restaurant, you might have a chance of winning because
they played a major part in getting you sick, and maybe the restaurant
has chance of winning their suit with the manufacturer, but that's not
the same situation as simply buying an unaltered product from Lowes.

Look, we can argue the merits all day. Do us a favor: Sue 'em and let
us know how it works out.

Just a little note. I just received an email from their claims
department.
They asked for two days and then they'll make me an offer. So evidently I
was right and some of you sideline lawyers are wrong. Lowe's protects
itself
by making all it's vendors offer a guaranty or warranty in their purchase
agreement. If the vendor refuses to honor that warranty Lowe's will in
most
cases and subrogate against the vendor. I'll post in a few days with the
exact outcome.- Hide quoted text -

- Show quoted text -

The offer is being made for you to go away so they can end the issue.
Your cement work must have a certain degree of defectiveness. I am in
southeastern Michigan with climates much harsher than the Carolinas.
Localities use salt to clear the roads of snow in the Winter. 56
years of salt and my parents driveway and side walks look like new as
well as the rest of the cement work around here.

If your case does end up in court, Lowe's will have a corporate person
argue their side of the case. No lawyers are permitted in Small
Claims Court in Michigan, perhaps the same is true in your area, but
the person arguing Lowe's case could very well be a corporate
attorney. Small Claims are filed against retail stores all the time,
please do not feel that you case is the first one filed against
Lowe's. Your case is frivolous.

And I've lived in the North for 60 years before moving here so:
1. I've used ice melt before without problem
2. My whole family is in the building business so we know about concrete.
(the vendors packaging said the concrete has to be one year old and sealed,
which it was).
3. The concrete used in my driveway met all specs. It cured for 5 years.
It's been sealed properly twice.

so I think I know a little about concrete. And the case is not frivolous.
And lawyers for a Corporation are permitted in most small claims court.
And if Lowe's felt no responsibility for products they sell, they would have
that 'hold harmless' clause in their vendor contracts and would not threaten
the vendor with a legal suit for not upholding their end.
Regardless, as long as Lowe's takes care of the problem I don't care if it's
just to 'make me go away' or if it's their corporate responsibility that
makes them do it.