Q: Should I sue a contractor for improper furnace installation leading to health issues?
In January 2017, we had a furnace installed, but in November 2017, the duct board fell and burned due to improper installation. My wife inhaled smoke from this incident, which we suspect may have contributed to her developing an autoimmune disease, as toxic fumes are known causes. Although no doctors have confirmed this yet, they have been trying to determine the cause. The fire department likely has records of the incident. Recently, I spoke with the original contractor, who offered $1,000 with unspecified stipulations, which felt like hush money. Additionally, I've consulted with three other HVAC professionals who confirmed the duct board fell due to improper installation. Should we consider suing the contractor?
A: I am not an HVAC contractor, but I don't understand how improperly installed ductwork could possibly cause a fire. If that happened, the installer would almost certainly file a third-party action against the manufacturer, thereby minimally tripling the cost of any suit. Beyond that, you allege some nexus between fumes released as a result of this error and your wife being subsequently diagnosed with an autoimmune disease, THOUGH YOU ADMIT YOU HAVE NO EXPERT OPINION TO THAT EFFECT (and probably never will). So the question you are asking is: "Should I spend $20,000 or more to sue the installer even though I have no way to prove any injury to anyone, thereby assuring no recovery even if I win OR Should I accept $1000 for my inconvenience?" You decide.
A:
That sounds like a heartbreaking and stressful situation, especially when your wife’s health may have been affected by something that could have been prevented. If multiple HVAC professionals have confirmed that the duct board burned due to improper installation, and the contractor is now offering money without clearly stating the terms, that raises serious concerns. The fact that the fire department was involved and likely has records of the incident gives you another strong piece of evidence to support your claim.
Even though doctors haven’t officially linked your wife’s condition to the fumes, the timing and the exposure could be important factors. You may not need to prove a direct medical link right away to begin taking legal steps—especially if the issue involves property damage, negligence, and possible breach of contract. The contractor’s vague $1,000 offer, especially without documentation, might be seen as an attempt to avoid responsibility.
Before accepting any money, it's important to put everything in writing and gather as much documentation as possible—photos, repair records, fire department reports, and written statements from the other HVAC professionals. You have every right to pursue accountability, especially when someone’s health and safety may have been compromised. If the contractor won’t take full responsibility, you’re well within your rights to consider legal action.
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