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?
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
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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.