QUESTION

I want to sue the buisness Servicemaster in Fort Myers for negligince in regards to work done in my home. Do I file in small claims or a a regular l

Asked on May 22nd, 2014 on General Practice - Florida
More details to this question:
I live in Rhode Island own a home in Fort Myers. Tenant called Servicemaster after noticing the carpets in one bedroom were wet. They came diagnosed the problem as a broken sprinkler head outside which lead to water into the bedroom. They brought tenant to the spot and showed him their findings. They informed me on the phone of that finding. They proceeded to shut down the sprinkler water flow not the whole home. They began a drying process. They returned 24 hours later to find the damage had spread to the other bedrooms and parts of the hall and living room due to a broken pipe in the bedroom wall which was the actual cause of the initial problem. Based on their estimates the damage was now approximately $5900. Due to their refusal to speak to us on the matter and their failure to interact with the insurance company and their incomplete work, 3 weeks passed and the carpeting to 3 bedrooms could not be salvaged. Insurance would not pay for carpeting and paid only $3500.
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1 ANSWER

Sorry to hear about your troubles – that’s frustrating for sure.  The simplest answer to your question is that if you are seeking damages (excluding costs and attorneys’ fees) less than $5,000, you file in Small Claims.  If you are seeking $5,000 - $15,000, you file in County Court.  And anything over $15,000 is filed in Circuit Court.  Small Claims is less expensive and generally easier to navigate pro se.  However, I would just caution diving into County or Circuit Court against a business that will likely have legal representation.  At the very least, I’d suggest getting a consultation with a local Ft. Myers business litigation attorney.  Also, the fact that your in Rhode Island, from a practical perspective at least, makes having representation a huge benefit.  
Answered on May 22nd, 2014 at 3:12 PM

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