Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Has someone actually been harmed as a result of this action? And how deep was it buried?
The electrical is buried no more than 1" below the surface and is showing places. So far nobody has been injured.
Thank you. One moment please while I research this, and will get back to you shortly...
"Criminal negligence", in and of itself, is not a "crime". Rather it's a state of mind when a crime is committed. It's opposed to intentional, or knowing, action. For instance, murder requires intentional or knowing action, whereas manslaughter requires criminal negligence.
And there's no crime for negligently (even criminally negligently) installing anything not up to code.
Now if something that is installed kills or seriously maims someone, that could be the basis for a criminal action against that person.
SO for example, if my mother's house burns down and she is in it, then it is criminal.
(based upon the criminally negligent state of mind). For instance, if someone was killed, that would be the basis for manslaughter, because of the criminal negligence.
Yes, that could be a situation where a criminal action could be brought against him.
So even if the work was not done up to code and he admitted that he knew it was not up to code. He has not committed a criminal act. Representing that his work was up to code prior to the hearing to me and my mother.
In essence, criminal negligence occurs when a property owner or responsible person fails to uphold a standard of care to a person to whom they owe a duty of care, causing that person harm or death. The breach of standard of care must generally be extreme for the negligent action to constitute criminal negligence.
I didn't say that he didn't commit a crime. ALL I said was that he didn't commit any crime with criminal negligence. It's possible that his actions were intentional (which is a different state of mind). That could be criminal fraud, which requires knowing or intentional misrepresentation.
So it's quite possible that he committed a criminal act (fraud) when he knowingly and falsely represented that the work was up to code. That's not criminal negligence, because it's knowing and intentional action.
SO the misrepresentation is the criminal act.
I'm saying that it could be. I certainly couldn't say for certain, because it depends on the entirety of the facts.
He wants me to sign away my right to sue before he will pay and I am worried about my mother's house. The Stae Board said to file in superior court against him, but my mother is 82. It will kill her to go through this.
Now that being said, most of the time where there's a civil / criminal overlap, such as this, the police won't touch it (even though they could). In my experience, 95% of the time that's what they'll say.
I understand could.
If you make the settlement contingent upon bringing the wiring up to code, if he fails to do so, you have not lost your rights.
And that's entirely what I would based the settlement on if I were you.
(getting it up to code, that is)
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!
THis is my thought also. Thank you very much.
My pleasure, and again, good luck to you!
If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!
Thanks very much. THis is very helpful.
If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!
Should I continue to await your response, or can I assist other customers that are waiting?
Are you still there?
My apologies. I must assist the other customers that are waiting. If you have any other questions, please let me know, and I will get to them as soon as possible. If not, please select the "accept" button so I can get credit for my work and the time that I spent on your question. Thank you, and again, good luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).