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  #1  
Old 01-23-2014, 12:04 PM
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Default Need Advice! What kind of lawyer do I need?

They are doing tons of construction in the community where I live. I just had to replace all of the tires on one of my vehicles because they had nails and metal in 3 of the tires (they were unrepairable). I've been trying to reach the builder (huge company) for nearly two weeks. Today, some random guy in work clothes shows up at my house in a volkswagon claiming he works for the builder. He says "sorry, there isn't anything they can do" and that it would be "hard to prove the nails came from here."

That answer is not going to work for me. I've got 5 friends on my street that have all had nails in there tires because of the construction. There are 150+ other homes in there right now and I'm sure if I went door to door, I'd find a lot more than 5 people that have had nails in their tires. I even started walking up and down my road after work, picking up nails. I've got a whole bag full of nails, screws, and large staples that I've collected (and a handful of those were directly behind my driveway).

I figured since the a**holes wont listen to me, they will listen to an attorney. I'm giving them until Monday to pay me back, or I'm hiring an attorney and will be suing for the cost of the new tires and the cost of the attorney. Anyone here ever dealt with a similar situation, or can tell me what type of lawyer I need to hire?
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  #2  
Old 01-23-2014, 12:37 PM
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I would think that a "general practice" attorney would do the trick.

Any lawyer that you talk to will steer you towards someone who can help you, if they can't. I suspect that the lawyer is going to tell you to take it to small claims court, which I think is usually handled only by parties involved, and doesn't usually involve attorneys.

Each state is different for the threshold for small claims court.

Consulting an attorney is the correct way to go. Most of the ones that I dealt with are pretty straight forward about if they can help you (read that make money off of you) or not.


Good luck

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Old 01-23-2014, 01:21 PM
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I hate to say this but the huge company is probably banking on the cost of a lawyer as opposed to the cost of the tires.

A lawyer is going to want a retainer that probably exceeds the cost of the tires, plus court costs.

It's a sad situation, but the crux of the matter is probably that the company doesn't care enough to replace the tires because not many people are going to pursue it as a matter of principal...unless they have money to waste on a lawyer instead of just buying more tires.

I didn't mean for that to come out harsh, but there's not a lot you can do except report them to the BBB or another such agency. Maybe you can report it along with the neighbors and have the company maintain the street with a street sweeper from your local municipality.

EDIT: If there were money to be made in suing the company on a contingency basis a lawyer probably would have contacted you by now.

Last edited by Warlock III; 01-23-2014 at 01:24 PM.
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Old 01-23-2014, 01:23 PM
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go put all those nails and staples under the workers trucks.


haha jk don't do that
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Old 01-23-2014, 03:06 PM
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Take a lot of pictures of the surrounding area to have evidence of the conditions that were around your vehicle. Document what's going on, more the better.

Then go to any attorney and they will charge you a few hundred bucks to send a letter on company letterhead with your documentation saying that they can replace your tires or you will pursue further legal action.

You'll have new tires before you know it.
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Old 01-23-2014, 03:20 PM
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Thanks for the info fellas.

I'm wanting them to pay because it's just not right. #1, I didn't ask for their to be non-stop construction near my house. They do hire a street-sweeper to come in, but it comes in at around 12:00am - 1:00am at night. What good is that when everyone drives to and from work during day light hours? Obviously it doesn't do any good since we are all getting nails in our damn tires.

I've already replaced the tires, but just the simple fact that it's THEIR fault, that's why I'm not going to let it go. When you "wrong" someone, you should make it right. They have "wronged" me, and I wont drop it until I'm satisfied.
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Old 01-23-2014, 03:25 PM
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I stopped walking up and down my road looking for nails. I have just been picking them up from right near my driveway. I think I'm going to start driving the whole community on my golfcart and picking up the nails from now on.

I just got off the phone with someone from the builders company. They assured me the person in charge would contact with me within the next day or so. I hope he makes the right decision and makes things right with me. If not, I'm going to find a place to "dispose" of all of the nails (that they claim aren't there) I've picked up.
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Old 01-23-2014, 04:04 PM
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I often go on a matter of principal and at times had so many things going on that the stress from all the different things were wearing me down more that the core issue.

I hope it works out for you because it's nice to see the little guy win one once in awhile (intro...Eye of the Tiger).
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Old 01-23-2014, 07:39 PM
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Man, am I ever pissed right now! I just got home from work, ate dinner, and decided to walk the road here in front of my house to check for nails (like I will be doing DAILY). Now you guys tell me if this looks acceptable to you. We have to drive on this road every day in and out of here. You tell me am I over-reacting, or is this just not right? I've never seen a messier construction site overall, as I've seen in my community.

I took a photo of the shit that I found within 100 yards of my driveway and piled it on my work bench. I found all of that just now, 20 minutes ago. The stuff in the bag was from the past weekend. In one of the pics, you can see my truck (black) in the background. They are going to pay for my wife's tires if it's the last thing I do. This weekend I'm getting my Toyo Open Country MTs put on. If I find a nail in one of those, they will be shelling out another $300+ for each one.

In the one photo with the port-pooper nearby, that mound of dirt is raised about 3-4 inches with nails, screws, pieces of metal all in it. I picked up what was laying around the edges and on top. No telling what's under the dirt. Mind you, this pile STAYS here even after the street sweeper runs every night (or every other night).
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Old 01-23-2014, 07:45 PM
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Have you thought about calling the police (traffic safety) and explaining it to them...then suggest that if you or one of your neighbors happens to have tire failure due to their negligence at 60 MPH who is going to be held responsible? Ask the officer to maybe remember you and this way he'll be able to notify the next-of-kin in a worst case scenario.

Maybe take the debris to the mayors office and explain it to him, your local senator, etc?

Last edited by Warlock III; 01-23-2014 at 07:48 PM.
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