Who is liable for damages that result when a repairman sets off an electrical fire in a private home?
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Who is liable for damages that result when a repairman sets off an electrical fire in a private home?
An air conditioning repairman determined that our A/C problem was caused by a faulty breaker box. His efforts to repair it resulted in an explosion and electrical fire that has left us without power and could cost several thousand dollars. He contends that he is not responsible for the repairs as he feels that “the breaker box was defective” and “would have eventually arced and caught fire anyway.” In fact, he has countered by claiming that we are liable for burns to his hands. We suspect that he doesn’t want it known that he was trying to do electrical work outside of his training.
Asked on March 9, 2012 under Business Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The issue is fault: if the repairman was careless or negligent--which includes having taken on repairs or work for which he was not trained--and caused the fire due to his negligence, then he should be responsible for the damage to your home and would have to bear the cost of his own injuries. On the other hand, if he knew what he was doing (e.g. had proper training) and the problem was a faulty or defective box, he could likely hold the homeowners responsible and they'd also have to bear their own costs--though depending on the facts, they may in turn have a cause of action against whomever installed, etc. the box (if it wasn't too long ago--there is a time limit, called the statute of limitiations, for how long you have to sue). So the issue of liability will depend on causality and fault.
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