Legal Question in Personal Injury in California
If gas company checks for leaks on heater and says there is none and it is safe to use and same heater checked later by HVAC guy is found to have suspected leak is there a duty of care owed by the gas company for negligence?
Asked on 11/30/10, 6:14 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Regardless of whether the gas company owed -- or even breached -- a duty of care, the customer would only have a viable negligence case if she was injured by the initial failure to detect the leak. The injury doesn't have to be to her person; it can take the form of property damage, too. Failure to discover the leak might cause other forms of injury, too. But if no harm was done, the customer doesn't have a negligence case against the company.
Answered on 12/05/10, 6:24 pm
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
No damages, no harm, no foul, no lawsuit.
Answered on 12/05/10, 6:24 pm
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