Olathe, KS asked in Consumer Law, Contracts and Construction Law for Missouri

Q: What is the duty of care owed by a furnace repairman when, after replacement of heat exchanger in an oil furnace, furna

After replacing heat exchanger, furnace burned rich, creating soot, smoke, and odor. Serviceman refuses to address repair, citing lack of tools and claiming rich mixture was pre-existing.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Consumer Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Here's an excerpt from a Missouri case that my provide guidance:

"When a person possesses knowledge or skill superior to that of an ordinary person, the law requires of that person conduct consistent with such knowledge or skill. W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 32, at 185 (5th ed. 1984). A professional person owes a client a duty of care commensurate with "the degree of care, skill and proficiency commonly exercised by ordinarily skillful, careful and prudent professionals." Murphy v. A.A. Mathews, 841 S.W.2d 671, 674 (Mo. banc 1992)."

That being said, you may be constrained by the "economic loss doctrine." Hire an attorney to advise you if it makes financial sense. Best wishes.

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