Corona, CA asked in Business Law and Civil Litigation for California

Q: There was a fire in my home caused by faulty wiring put in by an AC company. Can I sue the AC company?

I had a new AC system installed 7/2017. The fire occurred 7/2018. The fire department, and multiple fire investigators determined the cause of fire was faulty wiring that shorted out and started a fire in my attic. I filed a claim with my insurance company and all repairs were made to my home. We had to live in a hotel for 4 months. Can I go after the AC company for mental anguish or pain and suffering?

2 Lawyer Answers

Vernon Charles Tucker

Answered
  • Simi Valley, CA
  • Licensed in California

A: If your insurance company paid you then you would only be entitled to any out of pocket expenses that were not covered by your insurance company.

Your insurance company will be pursuing the A/C company for the damages sustained to your home via subrogation. If you have any additional damages you would want to join forces with your insurance company efforts to recover the money via subrogation.

I would let your carrier know you have additional expenses and they will add it to their subrogation demand to the A/C company if they are pursuing the claim. If they are not then you need to pursue it on your own or with the assistance of counsel.

Vernon C. Tucker

California Attorney

Tim Akpinar

Answered

A: If you are contemplating such a claim, provide any available evidence you have that would help support the position, such as records of counseling or therapy sought as a result of the matter.

Tim Akpinar

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