Legal Question in Consumer Law in Georgia

Damage caused by a technician

We had a technician come out to fix our air conditioner yesterday, which is located in the attic. Twenty-four hours later, we discovered that the ceiling in a downstairs room was dripping water and the ceiling was very damaged. Apparently in an attempt to fix the drain pipe, the technician caused the drain pipe became disconnected in another part of the attic causing water to leak into the attic space above the aformentioned room. When we called the company who had fixed the air conditioner, they told us that they would NOT fix our ceiling - that secondary damage was not covered, even though their technician had caused it. The technician was subcontracted through our home warranty company. The service work order,which we signed upon service completion, states that the home warranty company is not liable for secondary damage. What sort of legal recourse do we have?


Asked on 6/03/06, 1:09 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Damage caused by a technician

Sue the responsible party in small claims court.

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Answered on 6/05/06, 4:12 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Damage caused by a technician

All facts will have to be reviewed to give you a solid answer. You don't say how much money is at issue. You can try a lawsuit in small claims. Keep in mind that waivers for such things as consequential damages for negligence are generally (not necessarily always) valid, and you agreed to the limitation on liability by entering into the contract.

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Answered on 6/03/06, 7:15 pm


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