Could a company be sued for negligence and other reasons if they are at fault leaving a customer without power for a number of days?

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Could a company be sued for negligence and other reasons if they are at fault leaving a customer without power for a number of days?

I have a extended warranty for my refrigerator. A techician came to repair
the leaking problem. He said tha the product that I had purchased will
sometimes cause a freeze around the drain resulting water to leak onto the
floor. During his moving back the product to the wall, He accidentally ripped
the chord. He tried to repair it. He told he that he would return in a few
hours with a chord but never returned. I was told not to get help from
anyone outside company or my extended warranty would not be valid. It
would be 12 days without power for my family to endure until they schedule
me for installing a new chord.I am filing a claim on food lost. Any other
claim?

Asked on October 26, 2016 under Business Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the case is not settled regarding the lost food and floor damage, you can sue the company that employed the refrigerator technician for negligence.  Your lawsuit would name both the company and techician as defendants.
Negligence is the failure to exercise due care (that degree of care that a reasonable refrigerator technician would have exercised under the same or similar circumstances to prevent foreseeable harm). 
The company is liable for the negligence of its employee which occurred in the course and scope of employment.
You may be able to file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit) would include the loss of the food and floor damage.  If you prevail in the case, you can recover court costs which include the court filing fee and process server fee.


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