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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99981
Experience:  Attorney
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Several years ago about a new water heater at Sears and had

Customer Question

Several years ago about a new water heater at Sears and had them install it. In January 2015 The water heater stop the reason for that the wiring was incorrectly installed. My house is wire with aluminum wiring The water heater coming with copper wiring. If not properly wired together right it can cause a fire danger. It burned up the wires to my water heater I have pictures and damage parts . Now Sears refused to pay for the damages. And I told Sears they need to contact the installer and let him know what he did but a far as I know they didn't . Now can I suit Sears for damages.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me what state this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
ky
Customer: replied 1 year ago.
Ky
Expert:  Ely replied 1 year ago.
Thank you.
Yes, they can likely be sued if the person who installed this was their employer.
This would be a suit for negligence, based on the person's negligent installation. Actionable negligence consists of a duty, a violation thereof, and consequent injury. M & T CHEMICALS, INC. v. Westrick, 525 SW 2d 740 - Ky: Court of Appeals 1974.
Sears is also vicariously negligent for their employee's conduct under the doctrine of respondeat superior.
Even if he was just a contractor, there may be a way to hold them accountable the same way if the work the contractor was doing could be classified as "dangerous."
Of course, whatever amount is owed to them for the work may be voided in a judgment for damages against Sears.
Let me know if you need help finding counsel.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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